DIAZ v. LEXINGTON EXCLUSIVE CORP.


59 A.D.3d 341 (2009)

874 N.Y.S.2d 77

HEIDI DIAZ et al., Plaintiffs, v. LEXINGTON EXCLUSIVE CORP., Appellant, and LILLIAN GOLDMAN et al., Respondents, et al., Defendants. JANE GOLDMAN et al., Third-Party Plaintiffs-Respondents, v. LEXINGTON EXCLUSIVE CORP., Third-Party Defendant-Appellant.

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

Decided February 26, 2009.


The lease between the Goldman third-party plaintiffs, as landlord, and Lexington, as tenant, requires the latter to procure liability insurance for the former's benefit. The Goldmans, who had obtained their own insurance as of the date of the subject accident, allege that Lexington breached the lease's indemnification clause insofar as it provides that the tenant "shall indemnify and save harmless Owner against and from all liabilities, obligations, damages, penalties, claims...

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