Ross v. Fay's Drug Co. of Cohoes, Inc.

OPINION OF THE COURT

Loren N. Brown, J.

By notice of motion, dated April 18, 1986, and supporting papers, defendant Al & Lou Construction Co., Inc., doing business as Aragona Shopping Center (Aragona) moves for an order dismissing the cross claim of Fay’s Drug Co. of Cohoes, Inc. (Fay’s) for attorney’s fees.

This litigation followed a fall by the plaintiff after exiting Fay’s in a shopping center parking lot owned and operated by Aragona. Pursuant to a lease between Aragona and Fay’s, Aragona was obligated to indemnify, defend and insure Fay’s Drug Co. for the type of injury sustained by the…