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OTERO v. L&M HUB ASSOCIATES, LLC

1653, 16931/05

68 A.D.3d 444 (2009)

2009 NY Slip Op 8968

889 N.Y.S.2d 582

ALBERTO OTERO, an Infant, by His Parent and Natural Guardian, JACQUELINE VASQUEZ, et al., Respondents, v. L & M HUB ASSOCIATES, LLC, et al., Respondents-Appellants, and GREAT AMERICAN CONSTRUCTION CORP., Appellant-Respondent. (And a Third-Party Action).

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

Decided December 3, 2009.

Great American's motion for summary judgment was properly denied, as the only evidence it offered that it had not contracted to install window guards was the testimony of its principal. However, the contract unambiguously stated that Great American was to perform this work, and in light of the contract, there was no issue of fact as to the scope of the indemnity (see Omansky v Whitacre, 55 A.D.3d 373

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