Oliveira v. Cappello Trucking, Inc.

McCann, John S., J.

Pursuant to Mass.R.Civ.P. 56, the third-party defendant, Discover Marble & Granite, Inc. (“Discover”), brings this Motion for Summary Judgment against third-party plaintiffs, Marlborough Crane Corp. (“Crane”) and Ryan Murphy (“Murphy”), asking the court to grant summary judgment on the grounds that: (1) There was no valid indemnity agreement in effect between the parties at the time of the plaintiffs accident, and (2) by its own terms, each Crane rental agreement was a separate contract. The third-party plaintiff claims that there was a valid contract which included an…