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237 W. 230 STREET REALTY CORP. v. CASTLE OIL CORPORATION

35 A.D.3d 847 (2006)

828 N.Y.S.2d 155

237 W. 230 STREET REALTY CORP., Plaintiff, v. CASTLE OIL CORPORATION et al., Respondents, TRANS SERVICE CORPORATION, Appellant, et al., Defendants.

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

Decided December 26, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

As the Supreme Court correctly determined, the defendants Castle Oil Corporation (hereinafter Castle) and Old Republic Insurance Co. demonstrated their prima facie entitlement to summary judgment by establishing that the agreement between Castle and the defendant Trans Service Corporation (hereinafter Trans Service) unambiguously required the latter to indemnify Castle even if Castle was negligent...

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