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RAMOS v. 200 WEST 86 APARTMENTS CORP.

10759, 155667/18.

179 A.D.3d 473 (2020)

113 N.Y.S.3d 553

2020 NY Slip Op 00227

Nestor Ramos et al., Plaintiffs, v. 200 West 86 Apartments Corp., Appellant/Third-Party Plaintiff-Appellant. Ben Sevier et al., Third-Party Defendants-Respondents.

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

Decided January 9, 2020.

The court properly dismissed the claim for contractual indemnification. The alteration agreement could not serve as the basis for the contractual indemnification claim against the third-party defendant shareholders because paragraph 33 of the unsigned alteration agreement explicitly required its execution by third-party plaintiff cooperative to be enforceable (see Stonehill Capital Mgt. LLC v Bank of the W.,

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