Legal Opinion
Harmacol Realty Co. LLC v. Nike, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 11, 2016No. 1865 600528/09PublishedCited by 2 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Eileen Bransten, J.), entered March 17, 2015, which granted, defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.
Plaintiff, the owner of a building in Manhattan, seeks holdover rent and recovery for damages sustained as a result of a fire in a commercial space that had been leased to defendant.
The motion court correctly dismissed plaintiff’s claim for contractual indemnity. The controlling lease provision requires each party to “look first to any insurance in its favor before making any claim against the…
2Cases cited5 opinions
- Kleeman v. RheingoldNew York Court of Appeals · 1993
- Jefpaul Garage Corp. v. Presbyterian HospitalNew York Court of Appeals · 1984
- Rosenberg v. Equitable Life Assurance SocietyNew York Court of Appeals · 1992
- Charlebois v. Carisbrook Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Moonstone Judge, LLC v. ShainwaldAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by2 opinions
- Victoria's Secret Stores, LLC v. Herald Sq. Owner LLCAppellate Division of the Supreme Court of the State of New York · 2022
- Matter of Vaccari v. VaccariAppellate Division of the Supreme Court of the State of New York · 2019