NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Plaintiffs-Appellants-res, v. GREENWICH INSURANCE COMPANY, DEFENDANT/THIRD-PARTY Plaintiff-res-ap, v. ERIE INSURANCE COMPANY, Third-Party def-res

9241. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Plaintiffs-Appellants-res, v. GREENWICH INSURANCE COMPANY, DEFENDANT/THIRD-PARTY Plaintiff-res-ap, v. ERIE INSURANCE COMPANY, Third-Party def-res — Law Offices of Beth Zaro Green, Brooklyn (Steven G. Adams of counsel), for appellants-res — Law Offices of Todd M. McCauley, LLC, New York (David F. Tavella of counsel), for res-res — Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Kenneth T. Boyd of counsel), for res — Order, Supreme Court, New York County (Anil C. Singh, J.), entered February 14, 2012, which, insofar as appealed from, denied plaintiffs' motion for summary judgment, denied defendant/ third-party plaintiff's motions for summary judgment, and granted third-party defendant's motion for summary judgment dismissing the third-party complaint, unanimously modified, on the law, to grant plaintiffs' motion and declare that defendant is obligated to reimburse plaintiffs for their defense and settlement costs in the underlying personal injury action, with interest, and otherwise affirmed, without costs.

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9241. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Plaintiffs-Appellants-res, v. GREENWICH INSURANCE COMPANY, DEFENDANT/THIRD-PARTY Plaintiff-res-ap, v. ERIE INSURANCE COMPANY, Third-Party def-res — Law Offices of Beth Zaro Green, Brooklyn (Steven G. Adams of counsel), for appellants-res — Law Offices of Todd M. McCauley, LLC, New York (David F. Tavella of counsel), for res-res — Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (Kenneth T. Boyd of counsel), for res — Order, Supreme Court, New York County (Anil C. Singh, J.), entered February 14, 2012, which, insofar as appealed from, denied plaintiffs’ motion for summary judgment, denied defendant/ third-party plaintiff’s motions for summary judgment, and granted third-party defendant’s motion for summary judgment dismissing the third-party complaint, unanimously modified, on the law, to grant plaintiffs’ motion and declare that defendant is obligated to reimburse plaintiffs for their defense and settlement costs in the underlying personal injury action, with interest, and otherwise affirmed, without costs.

The additional insured endorsement of the policy that defendant issued to nonparty (to this action) Associated (the Greenwich policy) applies only if there is a written contract or agreement. Defendant contends that the only written contract in effect at the time of Draper’s injury was for material only and thus inapplicable. This argument is unavailing; the contract clearly states, “This Agreement contains the terms and conditions under which Contractor [i.e., Associated] agrees to provide materials and/or perform services” (emphasis added). Contrary to defendant’s claim, the contract is not ambiguous. Hence, extrinsic evidence such as deposition testimony cannot be considered, especially since the contract contains a merger clause and a no-oral-modification clause (see e.g. Cornhusker Farms v. Hunts Point Coop. Mkt., 2 AD3d 201, 203-204 [1st Dept 2003]).

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA Plaintiffs-Appellants-res, v. GREENWICH INSURANCE COMPANY, DEFENDANT/THIRD-PARTY Plaintiff-res-ap, v. ERIE INSURANCE COMPANY, Third-Party def-res

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