747 Third Avenue Corp. v. Killarney

*376Upon review of the record, we agree that the first, third and fourth causes of action were properly dismissed, the first, as plaintiffs concede, as having been rendered moot by the findings in an earlier trial and the third and fourth as meritless since the lease provisions relied upon, Sections 9.03 and 9.05, only required the defendant tenants to indemnify the landlord for damages occurring "upon, in or about” the demised premises. Under such a clause, the tenants were not responsible with respect to damages to other portions of the building. We find, however, that the second cause of…