Opinion
10-05-2017
Juan REYNOSO, Plaintiff, v. GLOBAL MANAGEMENT ENTERPRISES, LLC, Defendant. Global Management Enterprises, LLC, Third–Party Plaintiff–Respondent, v. Rent–A–Center, INC., Third–Party Defendant–Appellant.
Lewis Brisbois Bisgaard & Smith, LLP, New York (Nicholas P. Hurzeler of Counsel), for appellant. Law Office of James J. Toomey, New York (Evy L. Kazansky of Counsel), for respondent.
Lewis Brisbois Bisgaard & Smith, LLP, New York (Nicholas P. Hurzeler of Counsel), for appellant.
Law Office of James J. Toomey, New York (Evy L. Kazansky of Counsel), for respondent.
General Obligations Law § 5–321 does not render the indemnification provisions of the parties' lease void. The lease was negotiated at arm's length by sophisticated business entities and the parties used insurance to allocate between themselves the risk of liability to third persons (see Great N. Ins. Co. v. Interior Constr. Corp., 7 N.Y.3d 412, 419, 823 N.Y.S.2d 765, 857 N.E.2d 60 [2006] ).
We have considered third-party defendant's remaining arguments and find them unavailing.
Third-party plaintiff's request for reinstatement of its third-party claim for breach of contract is not properly before us, because third-party plaintiff failed to file a notice of appeal from the order dismissing that claim (see Hecht v. City of New York, 60 N.Y.2d 57, 63, 467 N.Y.S.2d 187, 454 N.E.2d 527 [1983] ; Caputo v. Koenig, 147 A.D.3d 649, 650, 46 N.Y.S.3d 880 [1st Dept.2017] ).
ACOSTA, P.J., RENWICK, WEBBER, OING and MOULTON, JJ., concur.