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COLON v. FIVES 160TH L.L.C.

Index Nos. 159893/17, 595888/18. Appeal No. 14749. Case No. 2020-03986.

200 A.D.3d 408 (2021)

154 N.Y.S.3d 771

2021 NY Slip Op 06752

Maritza Colon, Plaintiff, v. Fives 160th L.L.C. et al., Defendants. Fives 160th L.L.C., Third-Party Plaintiff-Respondent, v. RB Mart Inc., Third-Party Defendant-Appellant.

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

The Law Offices of Michael Swimmer, New York ( Robert M. Brigantic of counsel), for appellant.

Gannon, Rosenfarb & Drossman, New York ( Lisa L. Gokhulsingh of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Kern, Gesmer, Kennedy, JJ.

The court correctly found that section 10.3 of the lease imposed on tenant RB Mart the duty to maintain the sidewalk in front of the premises owned by Fives and leased by RB Mart. Section 9.2 of the lease granted Fives the right to "cause" others to maintain the sidewalk, which it did in section 10.3. Moreover, although section 10.1 of the lease obligated Fives to make certain stated structural repairs, repair of the sidewalk was not among them.

The indemnification...

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