The court correctly denied owner 676 Hunts Point's motion for summary judgment on its cross claims for contractual indemnification against the tenant defendants. Contrary to the owner's contention, the relevant lease provisions do not include the adjacent sidewalk as part of the demised premises leased to the tenant, nor otherwise transfer responsibility to the tenant for repair of the sidewalk adjacent to the subject premises (see e.g. Alayev v Juster Assoc., LLC,
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MEDINA v. 676 HUNTS POINT REALTY CORP.
Index No. 28376/16E. Appeal No. 14810. Case No. 2021-00455, 2021-01880.
200 A.D.3d 495 (2021)
158 N.Y.S.3d 97
2021 NY Slip Op 06924
Lourdes Medina, Respondent, v. 676 Hunts Point Realty Corp., Appellant-Respondent, GMH Park Inc., Respondent-Appellant, and FDD Enterprises, Inc., Respondent, et al., Defendants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 9, 2021.
Decided December 9, 2021.
Attorney(s) appearing for the Case
Devitt Spellman Barrett, Smithtown ( Christi Kunzig of counsel), for respondent-appellant.
The Housenbold Law Firm, New York ( Scott R. Housenbold of counsel), for Lourdes Medina, respondent.
DeSena & Sweeney, LLP, Bohemia ( Ronni Robbins Kravatz of counsel), for FDD Enterprises Inc., respondent.
Concur—Kapnick, J.P., Moulton, González, Rodriguez, Pitt, JJ.
Appellate Division of the Supreme Court of New York, First Department.
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