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JENRETTE v. ACRES MALL

52 A.D.3d 386 (2008)

858 N.Y.S.2d 886

HENRY JENRETTE et al., Plaintiffs, v. GREEN ACRES MALL et al., Defendants. GREEN ACRES MALL et al., Third-Party Plaintiffs-Appellants, v. FIFTH AVENUE ICE CREAM, INC., Doing Business as HAAGEN DAZS, et al., Third-Party Defendants-Respondents.

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

Decided June 19, 2008.

Given that the parties are sophisticated commercial entities and that third-party defendants were obligated under the lease to procure insurance, the lease indemnification provision does not violate General Obligations Law § 5-321 (see Great N. Ins. Co. v Interior Constr. Corp., 7 N.Y.3d 412, 419 [2006]). There should have been a conditional grant of summary judgment on the indemnification claim (see Rubin v Port Auth. of...

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