CIPRIAN BRITO-GALBEZ, PLAINTIFF, v. 841-853 BROADWAY ASSOCIATES, LLC def

10831. CIPRIAN BRITO-GALBEZ, PLAINTIFF, v. 841-853 BROADWAY ASSOCIATES, LLC def — 841-853 BROADWAY ASSOCIATES, LLC Third-Party plf-res, v. COSI SANDWICH BAR, INC., Third-Party def-ap — Law Offices of Tobias & Kuhn, New York (Michael V. Dimartini of counsel), for ap — Hitchcock & Cummings, LLP, New York (Christopher B. Hitchcock of counsel), for res — Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered April 30, 2013, which denied third-party defendant Cosi Sandwich Bar, Inc.'s (Cosi) motion for summary judgment dismissing the third-party complaint seeking contractual indemnification, unanimously reversed, on the law, with costs, the motion granted, and the third-party complaint dismissed. The Clerk is directed to enter judgment accordingly.

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10831. CIPRIAN BRITO-GALBEZ, PLAINTIFF, v. 841-853 BROADWAY ASSOCIATES, LLC def — 841-853 BROADWAY ASSOCIATES, LLC Third-Party plf-res, v. COSI SANDWICH BAR, INC., Third-Party def-ap — Law Offices of Tobias & Kuhn, New York (Michael V. Dimartini of counsel), for ap — Hitchcock & Cummings, LLP, New York (Christopher B. Hitchcock of counsel), for res — Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered April 30, 2013, which denied third-party defendant Cosi Sandwich Bar, Inc.’s (Cosi) motion for summary judgment dismissing the third-party complaint seeking contractual indemnification, unanimously reversed, on the law, with costs, the motion granted, and the third-party complaint dismissed. The Clerk is directed to enter judgment accordingly.

Cosi is a restaurant operating out of a commercial space leased from third-party plaintiff 841-853 Broadway Associates, Inc. (Broadway Associates). Plaintiff, Ciprian Brito-Galbez, an employee of Cosi, alleges that he was injured while taking garbage out of the restaurant, when the double doors of the building’s freight entrance slammed on his hand. After plaintiff commenced an action against Broadway Associates and Broadwall Management alleging negligent maintenance of the freight doors, they commenced this third-party action seeking contractual indemnification pursuant to the indemnification clause in the lease agreement between Cosi and Broadway Associates.

CIPRIAN BRITO-GALBEZ, PLAINTIFF, v. 841-853 BROADWAY ASSOCIATES, LLC def

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