James v. Frank's Vacuum Truck Service, Inc.

231 A.D.2d 888, 648 N.Y.S.2d 399, 1996 N.Y. App. Div. LEXIS 10715

Opinion

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of the cross motion of defendant third-party plaintiff, Frank’s Vacuum Truck Service, Inc. (Frank’s), for summary judgment on its third-party complaint seeking contractual indemnification from third-party defendant, Frontier Chemical Waste Process, Inc. (Frontier). The unambiguous indemnification and insurance provisions contained in the lease agreement between Frank’s and Frontier are valid and enforceable (see, Dinnocenzo v Jordache Enters., 213 AD2d 219; Morris v Snappy Car Rental, 189 AD2d 115, 121, affd 84 NY2d 21). Therefore, we modify the order by granting that part of Frank’s cross motion for summary judgment on the third-party complaint for contractual indemnification against Frontier. (Appeal from Order of Supreme Court, Niagara County, Rath, Jr., J.—Summary Judgment.) Present— Lawton, J. P., Wesley, Callahan, Davis and Boehm, JJ.