Cutter v Bayard’s Ale House

Holding The court affirmed the denial of summary judgment to an out-of-possession landlord because the lease granted a right of reentry for repairs and the plaintiff raised factual issues regarding specific statutory design safety violations. Additionally, the landlord’s cross-claim for contractual indemnification was properly denied because the tenant’s liability had not yet been established to trigger the indemnification duty.

The court’s words

one exception to the general rule arises when the landlord has a right of reentry under the lease to make needed repairs

2026 NY Slip Op 05902, at the official text

Nevins Realty failed to establish prima facie entitlement to summary judgment dismissing the complaint as against it

2026 NY Slip Op 05902, at the official text

there can be more than one proximate cause of an incident

2026 NY Slip Op 05902, at the official text

its duty to indemnify Nevins Realty has not yet been triggered

2026 NY Slip Op 05902, at the official text