Aetna Casualty & Surety Co. v. Brooks

—Order, Supreme Court, New York County (C. Beauchamp Ciparick, J.), entered November 13, 1991, which, insofar as appealed from, denied plaintiffs motion to renew its motion for summary judgment as against defendants Michael and Shirley Brooks, unanimously reversed, on the law, without costs, and plaintiffs motion for summary judgment against Michael and Shirley Brooks is granted.

In this action by plaintiff to enforce its rights under a contractual indemnity agreement, the IAS Court erroneously concluded that a question of fact existed whether the indemnity agreement at issue constituted a…