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LOPEZ v. G.P. CASTLE REALTY, LLC

10233, 305744/10, 84018/12, 83985/14.

176 A.D.3d 626 (2019)

109 N.Y.S.3d 635

2019 NY Slip Op 07744

Lisette Lopez, Plaintiff, v. G.P. Castle Realty, LLC, Defendant/Third-Party Plaintiff/Second Third-Party Plaintiff-Appellant. M&M Castle Deli Grocery Corp., Third-Party Defendant; Ahmed Alsaedi, Second Third-Party Defendant-Respondent.

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

Decided October 29, 2019.

Attorney(s) appearing for the Case

Smith Mazure Director Wilkins Young & Yagerman, P.C., New York ( Louise M. Cherkis of counsel), for appellant.

Devitt Spellman Barrett, LLP, Smithtown ( Christi Kunzig of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Mazzarelli, Webber, Oing, JJ.

Alsaedi, a commercial tenant in a property owned by Castle, established prima facie that he owes neither contractual nor common-law indemnification to Castle in connection with plaintiff's trip and fall on the sidewalk outside Alsaedi's store (see Puchalsky v Historic Travel Agency, 236 A.D.2d 279 [1st Dept 1997]). Alsaedi's evidence shows that he did not occupy or control any part of the sidewalk, as required by the indemnification...

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