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8882. YOLANDO CORRADO, PLAINTIFF, v. 80 BROAD LLC, def-res, FIRST REPUBLIC BANK, def-ap — Devitt Spellman Barrett, LLP, Smithtown (John M. Denby of counsel), for ap — Gannon, Rosenfarb, Balletti & Drossman, New York (Lisa L. Gokhulsingh of counsel), for res — Order, Supreme Court, New York County (Anil C. Singh, J.), entered October 11, 2011, which to the extent appealed from as limited by the briefs, denied that portion of defendant tenant Bank’s motion for summary judgment seeking dismissal of defendant landlord 80 Broad, LLC’s cross claims against it and granted defendant landlord’s cross motion for summary judgment on its indemnification claim, unanimously modified, on the law, to the extent of denying landlord’s cross motion, and otherwise affirmed, without costs.

This is an action for personal injuries suffered by plaintiff, who is not a party to this appeal, when she tripped and fell on a defect in the public sidewalk in front of the defendant tenant bank’s branch office, located in premises leased from defendant landlord’s building. Pursuant to the lease, defendant landlord is responsible for maintaining the sidewalk and defendant tenant’s use of the sidewalk is limited to a three foot “control zone” outside the premises for ingress, egress and deliveries where landlord retains control of the lighting, signage, presentation and design of the premises. In addition, the lease contains an indemnification provision providing that tenant is to indemnify landlord for any accident that occurs “in or about the premises.”

 
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