Putter v. Sued

Order, Supreme Court, Bronx County (George Friedman, J.), entered August 1, 2001, which, in an action for personal injuries sustained when plaintiff fell on a stairway in defendant-respondents tenants’ store, denied defendant-appellant landlord’s motion for summary judgment on its cross claim against the tenants for contractual indemnification, unanimously affirmed, with costs.

Even assuming that the subject indemnification clause does not violate General Obligations Law § 5-321, its motion was properly denied on the ground that the subject indemnification clause, viewed in the context of the…