News

APPELLATE VICTORY– FIRST DEPARTMENT (BRONX COUNTY)

July 2, 2015

Oduro v. Bronxdale Outer, Inc.,et al.
 
In this action, plaintiff allegdly sustained personal injuries in a trip and fall accident at the entrance of premises leased by the insured.  We filed a motion to dismiss cross-claims against the insured.  The Court granted the motion, but the parties appealed the Court’s decision.  Based on our appellate brief and oral argument, we persuaded the First Department to uphold dismissal of contractual cross-claims asserted aginst the insured by the landlord as violative of General Obligations Law § 5-321.  In arriving at this decision, the Court specifically relied upon the case law cited in our brief.