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OMANSKY v. WHITACRE

55 A.D.3d 373 (2008)

866 N.Y.S.2d 109

LAWRENCE A. OMANSKY et al., Plaintiffs, v. DRU WHITACRE et al., Defendants. DRU WHITACRE et al., Third-Party Plaintiffs-Respondents, v. 64 NORTH MOORE ASSOCIATES et al., Third-Party Defendants-Appellants.

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

October 16, 2008.

Based upon the well-settled rule of contract interpretation that a written agreement clear and unambiguous on its face must be enforced according to the plain meaning of its terms without consideration of extrinsic and parol evidence (Greenfield v Philles Records, 98 N.Y.2d 562, 569 [2002]), the court properly found third-party defendants obligated to indemnify and defend third-party plaintiffs...

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