MAHON v. DAVID ELLIS REAL ESTATE, L.P.

7480. 150366/11.

165 A.D.3d 600 (2018)

87 N.Y.S.3d 19

2018 NY Slip Op 07261

Yvette Mahon, Plaintiff, v. David Ellis Real Estate, L.P., et al., Defendants. David Ellis Real Estate, L.P., Third-Party Plaintiff-Respondent, v. B.R. Guest, LLC, et al., Third-Party Defendants, and USC Operating Company, LLC, Doing Business as Union Square Café, Third-Party Defendant-Appellant. (And a Second Third-Party Action.)

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

Decided October 30, 2018.


The indemnification clause in the contract between David Ellis Real Estate, L.P. (Ellis), the owner of the building outside which plaintiff fell, and its tenant, USC, does not violate General Obligations Law § 5-321 because it does not purport to indemnify David Ellis from liability for its own negligence (see Glover v City of New York, 215 A.D.2d 146 [1st Dept 1995]). However, while section 7-210 of the Administrative Code...

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