Roddy v. Nederlander Producing Co. of America, Inc.

Order, Supreme Court, New York County (Louis B. York, J.), entered September 30, 2011, which denied defendants Nederlander Producing Company of America, Inc. and the Gershwin Theatre’s motion to require former defendant Abhann Productions, Inc. to indemnify Nederlander, unanimously affirmed, with costs.

Defense counsel admitted in prior motion papers that Nederlander could not assert a cross claim for contractual indemnification because it was not an indemnitee named in the license agreement for use of the theater. Moreover, Nederlander has not shown that it ever pleaded a cause of action for…