Hudson v. Atiniz

The defendant Rusen Atiniz, Trustee of Fresh Pond Shopping Center Trust (Atiniz), moved for summary judgment on his third-party claim against third-party defendant Levitt Industries, Inc. (Brooks). Relying on plain provisions in the lease agreement, Atiniz seeks enforcement of the agreement therein requiring Brooks to defend and indemnify him. In response, Brooks moved for summary judgment against Atiniz on the grounds that the contractual indemnity provision in the commercial lease between Brooks and Atiniz is void pursuant to G.L.c. 186, §15, *333and therefore Brooks has no duly to defend,…