Hogeland v. Sibley, Lindsay & Curr Co

In Hogeland v. Sibley, Lindsay & Curr Co. (42 NY2d 153, 366 N.E.2d 263, 397 N.Y.S.2d 602 [19771]), the Court noted that: the injured plaintiff was leaving the tenant's store when she tripped; although the planter on which the plaintiff tripped was fabricated by the landlord, it was made to the specifications of the shop owner; the landlord and the shop owner both had responsibilities for snow removal and had a mutual agreement for the work which was carried out by the employees of each, at certain intervals. The Indemnity and Public Liability Insurance provisions in the Hogeland lease contemplated indemnification in three different sets of circumstances, "(a) claims against the landlord arising from the negligence of the tenant, its contractors or licensees, (b) claims against the landlord arising from any accident occurring 'in or about' the tenant's premises and (c) claims arising out of negligence of the tenant anywhere in the shopping center." Id. at 157-158. The court further noted that the detailed lease containing the indemnification provisions was negotiated at arm's length by two sophisticated business entities, one a large department store and the other a real estate corporation which organized and owned a large shopping center. Finally, the Court noted that the obscured planter over which plaintiff tripped was under the store's canopy, in an area the store occasionally used as an extra sales area. Id. at 159. According to the Court, it was against that background that it concluded that the parties were allocating the risk of liability between themselves through the use of insurance, and courts generally do not look unfavorably on such agreements. Id. at 161.