National Fuel Gas Distribution Corp. v. Case Pipeline Corp.

Judgment unanimously affirmed with costs. Memorandum: Subsequent to entry of the order appealed from, a judgment was entered. The judgment subsumed the directives of the order, and the appeal should have been taken from the judgment. We have exercised our discretion to treat the notice of appeal as one from the judgment (CPLR 5520 [c]; Frankel v Manufacturers Hanover Trust Co., 106 AD2d 542).

Defendant’s claim that the agreement to indemnify was unenforceable because it violated the Statute of Frauds was properly rejected. Defendant agreed to indemnify the plaintiff for any injury caused by…