Darien Lake Theme Park & Camping Resort, Inc. v. Contour Erection & Siding Systems, Inc.

Appeal from an order of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), entered February 9, 2004. The order, insofar as appealed from, granted that part of the motion of plaintiff seeking summary judgment on its third cause of action for contractual indemnification and denied that part of defendant’s cross motion seeking summary judgment dismissing the amended complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motion in its entirety and as modified the order is affirmed without costs.

Memorandum:…