Knaak v. Kravetz

Order unanimously affirmed, with costs. Memorandum: Defendant Kravetz is the owner of a plaza; defendant Penney rents a store at the plaza pursuant to a lease with Kravetz. Defendant York contracted with defendant Penney to inspect and service the cooling equipment on the roof of Penney’s store. Plaintiff alleged negligence in the operation of the equipment against each defendant and defendants cross-claimed against each other. Penney alleged it was entitled to indemnification from York based upon a maintenance agreement which provided, in part, that York would indemnify Penney and the owner…