The firm's risk transfer unit successfully obtained summary judgment for contractual indemnity against the third-party defendant in a case involving a trip and fall accident on a broken sidewalk abutting the entrance to a parking lot. Our client owned the premises and the third-party defendant was the tenant who operated the parking lot.
We successfully argued that the lease agreement required the tenant to indemnify the owner for accidents occurring on the sidewalk and driveway leading into the parking lot. In opposition, the tenant argued that the lease agreement did not require the tenant to maintain the public sidewalk and that pursuant to New York City Administrative Code § 7-210, the owner has a non-delegable duty to maintain and repair the sidewalk. In response, we argued that the tenant made special use out of the sidewalk in using it as a driveway and, accordingly, the sidewalk fell within the ambit of the lease. In addition, we argued that Section 7-210 is inapplicable to instances where, as here, the owner was not on notice of any defect. Justice Kelly O’Neill-Levy of New York Supreme Court found that the tenant must indemnify the owner and granted summary judgment to our client.