Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly granted the motion of third-party defendant Ames Stores (sued incorrectly as Ames Realty II, Inc.) for partial summary judgment on its counterclaim for contractual indemnification. The contract provides for indemnification against "any and all injury, loss or damage of whatever nature", and thus costs and attorney's fees are recoverable...
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