Majority
—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the summary judgment motion of third-party defendant, Sicoli & Massaro, Inc. (Sicoli & Massaro), and granted summary judgment in favor of third-party plaintiff, County of Monroe (County), dismissing the first and second affirmative defenses. The third-party action was not barred by the August 20, 1991 release between the parties. The terms of that release provided that the indemnification clause contained in a prior contract between the parties would remain in effect. Although Sicoli & Massaro urges a narrow interpretation of the indemnification clause, the language expresses the unmistakable intent of the parties that it would indemnify the County for
Cases cited
- Niagara Frontier Transportation Authority v. Tri-Delta Construction Corp. 107 AD2d 450 at 452 p. 1047