A residential lease that obligates a tenant to indemnify a landlord for the landlord's own negligence is unenforceable as against public policy. However, in a commercial lease, negotiated between two sophisticated parties, the lessor and lessee may freely enter into an agreement whereby they use insurance to allocate between themselves the risk of liability to third parties.
Arnold v. RJJR Corp., NY Slip Op 04534 (2d Dep't August 6, 2025)
