Result

07.19.2022
• Brendan Bertoli Defeats Contractual Indemnity Claim in Supreme Court, Nassau County

Brendan Bertoli, an associate in ADM’s Albertson office, obtained summary judgment in a premises liability case venued in Supreme Court, Nassau County.  Our client, a commercial office tenant, and was sued by its landlord after one of the tenant’s employees was hurt in a snow-and-ice slip-and-fall accident while walking into the office.  We argued that as the Plaintiff’s employer, all common law claims were extinguished as Plaintiff did not suffer a grave injury.  In addition, we argued, and the Court agreed, that the specific language of the indemnity clause in the lease was not triggered given the facts of the accident.  As such, the third-party action was dismissed in its entirety.