John Magrino Wins Summary Judgment In Bergen County, New Jersey

On July 8, 2016, John Magrino won summary judgment dismissing the cross-claims of the co-defendant tenant and granting contractual indemnification against the co-defendant tenant in Dauphinee v. Mike’s Quick Stop, Docket No. BER-L-8843-14 (Superior Court, Law Div. Bergen County). The plaintiff alleged that on December 19, 2012, she tripped over a cigarette urn/trash can near the front entrance of a convenience store. Mr. Magrino argued that our client, the defendant owner, did not place the cigarette urn/trash can, which was done solely by an employee of the co-defendant tenant, and that the lease required the co-defendant to indemnify and hold harmless the defendant owner for acts or omissions caused by the co-defendant tenant’s employees. The Court granted the motion finding that the co-defendant tenant was obligated to fully defend and indemnify our client.