The moving party tenant sought summary judgment ordering the respondent landlord to indemnify it for the costs of litigating a personal injury claim arising from a slip and fall in the mall's common area.
The landlord and its snow removal contractor had previously settled with the plaintiff via a Pierringer Agreement.
The court interpreted the indemnification and insurance provisions of the commercial lease.
The court found that the tenant was required to, and did, maintain insurance for the common areas, which triggered a proviso relieving the landlord of its duty to indemnify.
The motion for summary judgment was dismissed.
