Dinnocenzo v. Jordache Enterprises, Inc.

—Order, Supreme Court, New York County (Burton Sherman, J.), entered November 12, 1993, which denied third-party defendant’s motion for summary judgment and granted third-party plaintiff’s cross motion for summary judgment, unanimously affirmed, with costs.

We find no ambiguity in the indemnification provision of the contract between third-party defendant and third-party plaintiff requiring Symplex to indemnify American President Lines (APL) from liability "arising out of User’s use, operation, possession or control” of the equipment leased by APL to Symplex. The Agreement, as a whole,…