James v. Frank's Vacuum Truck Service, Inc.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of the cross motion of defendant third-party plaintiff, Frank’s Vacuum Truck Service, Inc. (Frank’s), for summary judgment on its third-party complaint seeking contractual indemnification from third-party defendant, Frontier Chemical Waste Process, Inc. (Frontier). The unambiguous indemnification and insurance provisions contained in the lease agreement between Frank’s and Frontier are valid and enforceable (see, Dinnocenzo v…