Perez v. Morse Diesel International, Inc.

Order, Supreme Court, New York County (Faviola A. Soto, J.), entered January 6, 2004, to the extent it denied the motion of third-party plaintiff Morse Diesel International for summary judgment on its claim against third-party defendant W. Property Resources for breach of contract to procure insurance, unanimously reversed, on the law, without costs, and, on a search of the record, summary judgment granted dismissing Morse Diesel’s cause of action for breach of contract to procure insurance. Appeal from so much of said order as denied summary judgment on the contractual indemnification claim…