Amato v. Our Lady of Peace Roman Catholic Church

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, third-party defendant’s motion for summary judgment denied, summary judgment granted in favor of third-party plaintiff against third-party defendant, and the case remitted to Supreme Court for a determination of the amount to be awarded in interest.

In 1972, Our Lady of Peace Roman Catholic Church leased to the City of New York its basement and 5,500 feet of outdoor play area for use by the city as a day care center. An indemnification provision in the lease reads as follows: “The Tenant agrees…