487 Elmwood, Inc. v. Hassett

Order insofar as appealed from unanimously reversed on the law with costs and motion granted. Memorandum: Supreme Court improperly denied the motion of defendants McDonald’s Corporation Franchise Realty Interstate Corp., and McDonald’s of Kensington, Ltd. (the McDonald defendants) for summary judgment on their cross claim for indemnity, including attorneys’ fees, against defendants Hassett and Townsell. In the lease granted to the McDonald defendants, Hassett and Townsell, as lessors, covenanted that "the demised premises are free and clear of all tenancies” and that the lessor "will…