Saturday, October 9, 2010

"Exterior And Structural Elements" Includes Parking Lot

In Eccleston Hall v. Plaza, the owner of the parking lot where the plaintiff was injured, Euclid, sought contractual indemnification against the City pursuant to its lease with the City.  "The subject lease provided that Euclid was responsible for "all repairs . . . to the exterior and structural elements of the Demised Premises, including any required maintenance, repairs and replacement to the windows, structural plumbing, sidewalks (repairs only), roof, electrical, elevator, heating, ventilation and air-conditioning systems if necessary." The Second Department held that this provision "clearly and unambiguously included the parking lot, thus placing the obligation to repair the parking lot on Euclid." The Second Department, therefore, held that the Supreme Court properly denied Euclid's indemnification claim.  

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