RIVERA v. RAY BARI PIZZA WEST 69TH STREET


50 A.D.3d 607 (2008)

855 N.Y.S.2d 367

EDUARDO RIVERA, Plaintiff, v. RAY BARI PIZZA WEST 69TH STREET, Doing Business as RAY BARI PIZZA, Appellant, and NEVADA TOWERS ASSOCIATES, Respondent, et al., Defendants.

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

Decided April 29, 2008.


Given that the parties are sophisticated commercial entities and that Ray Bari was obligated under the lease to procure insurance, the lease indemnification provision does not violate General Obligations Law § 5-321 (Great N. Ins. Co. v Interior Constr. Corp., 7 N.Y.3d 412, 419 [2006]; Rubin v Port Auth. of N.Y. & N.J., 49 A.D.3d 422 [2008]). We have considered appellant's remaining...

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