Leases Don't Contain Indemnification Clause

(Decision submitted by Samuel J. Himmelstein of the Manhattan law firm of Himmelstein, McConnell & Gribben, attorneys for the tenants.) Landlord sued to evict two rent-stabilized tenants for nonpayment of rent. Each tenant claimed a breach of the warranty of habitability based on complaints against the other tenant. Landlord, in turn, asked each tenant for indemnification for costs landlord incurred in the case against the other. The court dismissed landlord's claims for indemnification against both tenants. Although their leases differed, neither tenant's lease provided a specific indemnification clause or otherwise indicated a clear intent to indemnify. The lease provisions dealing with reimbursement of costs and expenses required some affirmative act by landlord before landlord was entitled to reimbursement.

85th Estate Co. v. Kobell, 85th Estate Co. v. Oberland: Index No. 81563/92 (1/27/93) (Civ. Ct. NY; Rodriguez, J) [4-page document]