PORT PARTIES, LTD., plf-ap, v. MERCHANDISE MART PROPERTIES, INC., def-res, THE UNCONVENTION CENTER, INC., def

8621. PORT PARTIES, LTD., plf-ap, v. MERCHANDISE MART PROPERTIES, INC., def-res, THE UNCONVENTION CENTER, INC., def — Quinn McCabe LLP, New York (Jonathan H. Krukas of counsel), for ap — Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for res — Order, Supreme Court, New York County (Paul Wooten, J.), entered October 31, 2011, which, insofar as appealed from, granted the motion of defendant Merchandise Mart Properties, Inc. to dismiss plaintiff Port Parties Ltd.'s claim for contractual indemnification and its claim for a declaratory judgment that Merchandise Mart defend and indemnify it in an underlying personal injury action, and denied Port Parties' cross motion for summary judgment on said claims, unanimously modified, on the law, to deny Merchandise Mart's motion as to the declaratory judgment claim and declare that Merchandise Mart has no duty to defend and indemnify Port Parties in the underlying personal injury action, and otherwise affirmed, without costs.

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8621. PORT PARTIES, LTD., plf-ap, v. MERCHANDISE MART PROPERTIES, INC., def-res, THE UNCONVENTION CENTER, INC., def — Quinn McCabe LLP, New York (Jonathan H. Krukas of counsel), for ap — Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for res — Order, Supreme Court, New York County (Paul Wooten, J.), entered October 31, 2011, which, insofar as appealed from, granted the motion of defendant Merchandise Mart Properties, Inc. to dismiss plaintiff Port Parties Ltd.’s claim for contractual indemnification and its claim for a declaratory judgment that Merchandise Mart defend and indemnify it in an underlying personal injury action, and denied Port Parties’ cross motion for summary judgment on said claims, unanimously modified, on the law, to deny Merchandise Mart’s motion as to the declaratory judgment claim and declare that Merchandise Mart has no duty to defend and indemnify Port Parties in the underlying personal injury action, and otherwise affirmed, without costs.

Merchandise Mart was granted a license by defendant UnConvention Center for the use of a portion of pier 94 in Manhattan to hold a trade show. Under the license agreement, Merchandise Mart was to provide for janitorial and cleaning services, and it retained Port Parties to supply bathroom matron services. The license agreement obligates Merchandise Mart to obtain insurance coverage for the event, which insurance “shall be considered primary and not contributory as respects other insurance,” and to name Port Parties as an additional insured. Under a broad indemnification clause, Merchandise Mart is required to “indemnify, defend and hold harmless the Licensor and the Additional Insureds… from and against all claims, demands, liabilities, damages, costs, losses and expenses… arising from or related to any personal injury… caused by, arising from or in connection with (a) the use or occupancy of the Authorized Space by [Merchandise Mart]… or (c) any act or omission of [Merchandise Mart].”

PORT PARTIES, LTD., plf-ap, v. MERCHANDISE MART PROPERTIES, INC., def-res, THE UNCONVENTION CENTER, INC., def

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