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VIACOM INC., v. PHILIPS ELECTRONICS NORTH AMERICA CORPORATION

16 A.D.3d 215 (2005)

791 N.Y.S.2d 104

VIACOM INC., Appellant-Respondent, v. PHILIPS ELECTRONICS NORTH AMERICA CORPORATION, Formerly Known as NORTH AMERICAN PHILIPS ELECTRIC CORPORATION, Respondent-Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

March 15, 2005.

Defendant is not an insurer, and the contract of indemnity pursuant to which it is bound, strictly construed (see Hooper Assoc., Ltd. v AGS Computers, Inc., 74 N.Y.2d 487, 491-492 [1989]; Matter of Heimbach v Metropolitan Transp. Auth., 75 N.Y.2d 387, 392 [1990]), does not impose upon it a defense obligation comparable in breadth to that ordinarily borne by an

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