BRANHAM v. LOEWS ORPHEUM THEATRE, INC.


291 A.D.2d 356 (2002)

739 N.Y.S.2d 27

LOTTIE BRANHAM, Appellant, v. LOEWS ORPHEUM THEATRE, INC., et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 28, 2002.


The motion court properly refused to entertain proceedings against the owners in view of the tenant/bankrupt's apparently undisputed obligation to indemnify the owners for any liability they sustain in this action. While the bankruptcy filing by one defendant does not prevent a plaintiff from proceeding on causes of action against the nonbankrupt defendants, an exception is recognized where, as here, the bankrupt is obligated to indemnify a nonbankrupt defendant (A.H....

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