October 29, 2019

DSB prevailed on appeal to the Appellate Division, First Department on a premises liability claim where the property owner sought common-law and contractual indemnification from the firm’s client, a commercial tenant in a strip mall.  The Appellate Division, First Department unanimously agreed that the commercial tenant neither occupied nor controlled any portion of the sidewalk, as required to invoke the indemnification provisions under the lease.  Accordingly, the owner was not entitled to common-law or contractual indemnification.  The Appellate Division affirmed the lower court’s order dismissing the complaint in its entirety.