Galante v. Hathaway Bakeries, Inc.

This is an action to recover the cost of repairs necessitated "by a fire alleged to have been caused in plaintiff’s building by defendant’s negligence. Plaintiff moves to strike out defendant’s separate defense contained in paragraphs Fifth, Sixth and Seventh of the answer, wherein it is alleged that the terms of the lease of the premises excused defendant from liability for repairs necessitated by fire, even though the fire resulted from defendant’s negligence.

It was provided in the lease that the lessee, the defendant, shall indemnify the lessor, the plaintiff, from any and all damages and…