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MUNOZ v. HILTON HOTELS CORPORATION

4200, 110826/07, 116174/07, 590086/08, 590617/08, 590618/09, 590690/09, 590847/09

89 A.D.3d 479 (2011)

932 N.Y.S.2d 63

2011 NY Slip Op 7904

VICTOR MUNOZ et al., Plaintiffs, v. HILTON HOTELS CORPORATION et al., Defendants. (And Third-Party and Fourth-Party Actions.) SUNSTONE 42ND STREET, LLC, et al., Fifth-Party Plaintiffs-Respondents, v. SUNSTONE HOTEL PROPERTIES, INC., Fifth-Party Defendant-Appellant, et al., Fifth-Party Defendants. (And Other Actions.)

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

Decided November 10, 2011.

Under controlling Maryland precedent (Mass Tr. Admin. v CSX Transp., Inc., 349 Md. 299, 309-310, 708 A.2d 298, 303-304 [1998]), the contract's indemnification provision unequivocally provides that respondent hotel owner is to indemnify appellant hotel manager for all acts arising from appellant's performance of the contract. However, Maryland law also provides that in construing a contract relating to...

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