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HEREDIA v. 1454 ST. NICHOLAS AVE. ASSOC.

18896/07, 14318, 83767/11, 14317.

125 A.D.3d 550 (2015)

WILSON HEREDIA, Plaintiff, v. 1454 ST. NICHOLAS AVENUE ASSOCIATES et al., Defendants/Third-Party Plaintiffs-Appellants. APICELLA FISH CO. OF N.Y. INC., Third-Party Defendant-Respondent.

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

Decided February 24, 2015.

Plaintiff, an employee of tenant, was allegedly injured on premises leased from the owner. Paragraph 46 of the rider to the lease unambiguously requires, inter alia, that "tenant shall indemnify owner for, and hold owner harmless and free from damages sustained by person or property." Even if we were to agree with tenant's contention that paragraph 46 to the rider was ambiguous, the remedy would not be to render it a nullity as...

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