Franklin v. Allen Health Care Services
844 N.Y.S.2d 888
N.Y. App. Div.
2007
Check Treatment

GOLDEN STONE TRADING, INC., Plaintiff, v WAYNE ELECTRO SYSTEMS, INC., Respondent, AFFILIATED CENTRAL, INC., Appellant, et al., Defendants.

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

2007

845 N.Y.S.2d 823

In an action, inter alia, to recover damages for breach of contract, the defendant Affiliated Central, Inc., appeals from an order of the Supreme Court, Queens County (Dorsa, J.), entered March 20, 2007, which denied its motion for summary judgment on its cross claim for indemnification against the defendant Wayne Electro Systems, Inc.

Ordered that the order is reversed, on the law, with costs, the motion of the defendant Affiliated Central, Inc., for summary judgment on its cross claim is granted, and the matter is remitted to the Supreme Court, Queens County, for a hearing to fix the appellant‘s costs of the defense of this action, including a reasonable attorney‘s fee.

The defendant Wayne Electro Systems, Inc. (hereinafter Wayne), entered into an agreement with the plaintiff on January 12, 2006, to install and service an alarm system at 102-17 44th Avenue in Corona, New York (hereinafter the property). The defendant Affiliated Central, Inc. (hereinafter Affiliated), provided alarm monitoring services under a separate agreement it entered into with Wayne (hereinafter the dealer agreement). The dealer agreement contained an indemnity clause by which Wayne agreed to fully indemnify Affiliated and hold it harmless. The property allegedly was burglarized on January 23, 2006, as a result of which the plaintiff commenced this action against, among others, Wayne and Affiliated to recover damages for breach of contract. In its answer, Affiliated asserted, inter alia, a cross claim against Wayne based on the indemnification provision under the dealer agreement and moved for summary judgment on that cross claim. The Supreme Court denied the motion. We reverse.