MCB Obtains Summary Judgment in Favor of Property Owner on Indemnification and Contribution Claims

MCB Obtains Summary Judgment in Favor of Property Owner on Indemnification and Contribution Claims

Senior Trial Partner Yuko A. Nakahara, Partner Stephen C. Lanzone, and Associate McKenzie L. Nelson obtained dismissal in New York County Supreme Court of the third-party complaint against its client in an action in which the plaintiff alleged negligence on the part of the defendant/third-party plaintiff in a premises liability case involving an alleged defect along the steps of an apartment building.  The third-party complaint sought indemnity and contribution from MCB's client, the owner of the adjacent apartment building, due to alleged contractual obligations arising from MCB’s client's courtesy renovation of the defendant/third-party plaintiff's steps months before the alleged incident.  Although defendant/third-party plaintiff opposed MCB's motion for Summary judgment, alleging that MCB's client contributed to the condition causing the plaintiff's alleged injuries, the Court disagreed, finding that MCB had established that it had repaired the adjacent steps pursuant to its contractual obligations and neither caused nor contributed to the allegedly dangerous condition.

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