Komorsky v. Kimco Realty, et. al.
Motion for summary judgment was granted in favor of our client, an out of possession landlord where it was demonstrated that the landlord had no duty or obligation to maintain the incident location, nor did it make any repairs to the area. Moreover, co-defendant’s motion for contribution and common law indemnification against our client was denied. The Court set forth that since the landlord successfully established its entitlement to summary judgment, there was no evidence that the landlord was negligent or at fault for the alleged icy condition. Thus, the Court concluded that there was no merit for any cross claims - common law indemnification or contribution - against the landlord.