Angelo Bongiorno was successful in the Appellate Division, Second Department on Appeal of a Decision/Order of Justice Felice Muraca of Supreme Court, Nassau County in Arnold v. RJJR Corp. and SF Beach Spa, LLC (2d Dep’t August 6, 2025).
The lower court dismissed our client’s cross-claim for contractual indemnification and denied our Cross Motion for Summary Judgment on our Cross Claim for Contractual Indemnification from SF Beach Spa, LLC.
The Appellate Division found that Judge Muraca should have Granted our Cross Motion for Summary Judgment on our Cross Claims for Contractual Indemnification against SF Beach Spa, LLC and Denied SF Beach Spa, LLC’s Motion seeking dismissal of our Cross Claims, as a Commercial Lease Agreement, negotiated between two sophisticated parties, where a Lessor and Lessee freely enter into an indemnification agreement whereby they use insurance to allocate the risk of liability to third parties between themselves, General Obligations Law does not prohibit indemnity.
