Opinion
03-24-2015
Cosme MOREL, Plaintiff, v. The HOLY SPIRIT ASSOCIATION FOR the UNIFICATION OF WORLD CHRISTIANITY, et al., Defendants. The Holy Spirit Association for the Unification of World Christianity, et al., Third–Party Plaintiffs–Respondents, M&T Real Estate Trust, Third–Party Plaintiff, v. 34th Street Diner, Inc. Doing business as Tick Tock Diner, Third–Party Defendant–Appellant.
Gallo Vitucci Klar LLP, New York (Chad E. Sjoquist of counsel), for appellant. Mauro Lilling Naparty LLP, Woodbury (Seth M. Weinberg of counsel), for respondents.
Gallo Vitucci Klar LLP, New York (Chad E. Sjoquist of counsel), for appellant.
Mauro Lilling Naparty LLP, Woodbury (Seth M. Weinberg of counsel), for respondents.
Opinion
Order, Supreme Court, New York County (Paul Wooten, J.), entered December 13, 2013, which, to the extent appealed from, granted third-party plaintiffs Holy Spirit Association for the Unification of World Christianity and New York Hotel Management Company, Inc.'s motion to reargue the prior order, same court and Justice, entered August 10, 2012, dismissing New York Hotel's claim for contractual indemnification against third-party defendant, and upon reargument, reinstated said claim, unanimously affirmed, without costs.
The motion court correctly determined that the lease agreement, as altered by its sixth and seventh amendments, clearly and unambiguously expanded the definition of an “Owner” to be indemnified by third-party defendant to include New York Hotel Management Company.
TOM, J.P., RENWICK, DeGRASSE, MANZANET–DANIELS, CLARK, JJ., concur.