Opinion
June 16, 1997
Appeal from the Supreme Court, Kings County (Hutcherson, J.).
Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the appellant's motion as sought summary judgment on its third cause of action, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
It is undisputed that the second third-party defendant, Shan Nagendra, the lessee of the vehicle, did not name the defendant second third-party plaintiff General Motors Acceptance Corporation (hereinafter GMAC), the lessor of the vehicle, as an additional insured. Because the lease required Nagendra to name GMAC as an additional insured, GMAC is entitled to summary judgment on its third cause of action, alleging breach of that term of the lease ( see, Kinney v. Lisk Co., 76 N.Y.2d 215; McGill v Polytechnic Univ., 235 A.D.2d 400; Mathew v. Crow Constr. Co., 220 A.D.2d 490). GMAC, however, is not entitled to summary judgment on its contractual indemnification cause of action ( see, Morris v. Snappy Car Rental, 84 N.Y.2d 21; Griffin v. Fun Jung La, 229 A.D.2d 468).
Bracken, J.P., Rosenblatt, Thompson and Krausman, JJ., concur.