This memorandum of law is respectfully submitted in support of defendants Simon Property Group, Inc., The Art of Shaving, Inc., The Art of Shaving-NY, LLC, The Retail Property Trust and Simon DeBartolo Group, Inc. [hereinafter collectively “Retail Defendants”] motion for an order:
(a) Granting summary judgment against plaintiff pursuant to CPLR 3212 on all causes of action for the Retail Defendants on the ground that Plaintiff was the sole proximate cause of his accident and injury; or, alternatively,
(b) Granting summary judgment against plaintiff to defendants Simon Property Group, Inc., Simon DeBartolo Group, Inc. and The Art of Shaving Group, Inc. because they are neither the owner nor the lessor of the property at issue at the time of the occurrence and thus have no actual or vicarious liability; and,
(c) Granting ssummary judgment against the subcontractor/co-defendant Alert Glass and Architectural Metals Corp. for the Retail Defendants on the ground of common law indemnity because Alert is the active tortfeasor whereas the Retail Defendants are only allegedly vicariously liable by statute; and,
(d) Granting such other and further relief as the court deems just and proper.
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