Ross v. Manhattan Chelsea Associates

• Decision Date: 08 June 1993
• Citation: 598 N.Y.S.2d 502,194 A.D.2d 332
• Parties: Irene ROSS and Victor W. Quinn, Jr., as Executors of the Estate of Muriel Rich, Deceased, Plaintiffs-Respondents, v. MANHATTAN CHELSEA ASSOCIATES, A Limited Partnership, Jack Ehrenhaus, General Partner and J. Ehrenhaus Associates, A Partnership, Denis LeBlang, D.P.M. and Denis LeBlang, A Professional Corporation, Charles Kaplan, D.P.M., Comprehensive Foot Care, A Partnership, and Dr. Harry Blaustein, Defendants-Appellants.
• Court: New York Supreme Court — Appellate Division

Page 502

598 N.Y.S.2d 502

194 A.D.2d 332

Irene ROSS and Victor W. Quinn, Jr., as Executors of the Estate of Muriel Rich, Deceased, Plaintiffs-Respondents, v. MANHATTAN CHELSEA ASSOCIATES, A Limited Partnership, Jack

Ehrenhaus, General Partner and J. Ehrenhaus Associates, A

Partnership, Denis LeBlang, D.P.M. and Denis LeBlang, A

Professional Corporation, Charles Kaplan, D.P.M.,

Comprehensive Foot Care, A Partnership, and Dr. Harry

Blaustein, Defendants-Appellants.

Supreme Court, Appellate Division,

First Department.

June 8, 1993.

Before MURPHY, P.J., and MILONAS, ASCH and KASSAL, JJ.

MEMORANDUM DECISION.

Judgment, Supreme Court, New York County (Robert Lynch, J.), entered July 25, 1991, which, following a jury trial, awarded plaintiffs damages in the amount of $633,524.86, and which (1) required defendants Blaustein, LeBlang, Kaplan and Comprehensive Foot Care to indemnify defendant Manhattan Chelsea, and (2) required defendants LeBlang, Kaplan and Comprehensive Foot Care to indemnify defendant Blaustein, unanimously modified, on the law, to the extent of ordering a new trial on the issues of liability and damages, without costs.

Appeal from the judgment, Supreme Court, New York County (Patrick D. Monserrate, J.), entered on September 4, 1991, unanimously dismissed as abandoned. Appeal from the order, Supreme Court, New York County (Patrick D. Monserrate, J.), entered August 20, 1991, is dismissed as superseded by the appeal from the aforesaid judgment.

Plaintiffs brought this personal injury action against the landlord, tenant and subtenants of premises where the decedent tripped and fractured her hip. Manhattan Chelsea's predecessor in title, Matel Management Co., leased the professional office space to Dr. Harry Blaustein, who in turn, subletted the premises to Drs. LeBlang and Kaplan, doing business as Comprehensive Foot Care (hereinafter "LeBlang/Kaplan"). There was a bifurcated trial in which the jury rendered a judgment in favor of plaintiffs and apportioned liability between Manhattan Chelsea and LeBlang/Kaplan at 57% and 43%, respectively. The court had previously dismissed plaintiffs' case against defendant Blaustein. The jury subsequently awarded damages in the amount of $625,000 for pain and suffering.

After the liability portion of the trial, the court decided defendants' cross claims for breach of contract. The court found that defendants Blaustein and LeBlang/Kaplan breached the prime lease with Manhattan Chelsea to provide liability insurance in the amount of not less than $300,000/$500,000, and that these defendants were required to indemnify Manhattan Chelsea to the extent that Manhattan Chelsea sustained damage. In addition, the court found that defendants LeBlang/Kaplan had breached the sublease to provide liability insurance coverage in an amount not less than $100,000/$300,000, and that these defendants were required to indemnify Blaustein with respect to his indemnification obligations to Manhattan Chelsea.

On July 25, 1991, a judgment was entered in accordance with the foregoing. The portion of Blaustein's cross claim seeking...