The defendants, Rosemary Palmieri, De Zen Realty Company Ltd., Sam Jonathan Lee, and Master’s Roofing and Supplies Inc., brought motions for summary judgment to dismiss an action for damages caused by a fire in a commercial storage unit leased by the plaintiff.
The action alleged negligence and breach of contract.
The court found that the commercial lease's insurance clauses, specifically Articles 10.01 and 10.02, operated as an assumption of risk by the tenant (plaintiff) and included a waiver of subrogation against the landlord and its agents.
The court also found that an exclusion clause (Article 6.12) in the lease was valid and applicable.
The plaintiff's arguments regarding the landlord's duty to render premises insurable, waiver by the landlord, and unconscionability were rejected due to lack of pleading, evidentiary support, or legal merit.
The court concluded that the matter was appropriate for summary judgment.
