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LOPEZ v. GUEI SHUN SHIAU

Nos. 5825, 114050/08, 590306/09.

88 A.D.3d 598 (2011)

931 N.Y.S.2d 66

2011 NY Slip Op 7500

MARIA ISABEL LOPEZ, Plaintiff, v. GUEI SHUN SHIAU et al., Defendants. GUEI SHUN SHIAU, Third-Party Plaintiff-Appellant, v. SHEBA ETHIOPIAN RESTAURANT, INC., Doing Business as QUEEN OF SHEBA ETHIOPIAN RESTAURANT, Third-Party Defendant-Respondent.

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

Decided October 25, 2011.

Issues of fact exist as to whether the lease requires Sheba to indemnify Shiau for the type of injury or damages at issue here. This Court will not read into the contract an indemnity obligation that is not "unmistakably" present in the lease agreement (Great N. Ins. Co. v Interior Constr. Corp., 7 N.Y.3d 412, 417 [2006]). Here, the lease's indemnification and insurance provisions are ambiguous, and thus denial of summary judgment...

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