April 24, 2025
ShareNew York Team Secures Complete Risk Transfer in Suffolk County Premises Case
Kelley Kronenberg Attorney Armaan Genomal and Partner Jesse Siegel secured a significant victory for a property owner client in Suffolk County, New York, successfully shifting all liability exposure to the tenant through contractual indemnification.
The case involved a plaintiff who alleged a trip and fall down interior steps at a bookstore, resulting in a fracture requiring surgery. While the incident occurred on premises owned by our client, the property was leased to a tenant who operated the bookstore at the time of the accident.
Armaan identified a critical opportunity for risk transfer through careful analysis of the lease agreement between the owner and tenant. He prepared a strategic tender letter requesting both defense and indemnification based on the contractual relationship between the parties.
Their persuasive legal reasoning, drawing on New York precedents including McDermott v. City of New York and Drzewinski v. Atlantic Scaffold & Ladder Co., demonstrated that the intent to indemnify could be clearly implied from the language and purpose of the lease agreement and surrounding circumstances.
In response to this well-crafted tender, the carrier for the tenant accepted the request without reservation, completely shifting both the defense costs and potential indemnity exposure—estimated at approximately $250,000.00—away from our client.
This outcome highlights the importance of thorough contractual analysis and proactive risk transfer strategies in premises liability cases, particularly in New York where properly executed indemnification agreements can provide complete protection from liability exposure.
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