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LENART REALTY CORP., PLAINTIFF, v. PETROLEUM TANK CLEANERS, LTD., def, CASTLE OIL CORPORATION, def-res, CRYSTAL TRANSPORTATION CORP., def-ap

12208. LENART REALTY CORP., PLAINTIFF, v. PETROLEUM TANK CLEANERS, LTD., def, CASTLE OIL CORPORATION, def-res, CRYSTAL TRANSPORTATION CORP., def-ap — Clausen Miller P.C., New York (Daniel R. Bryer of counsel), for ap — Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Joshua Cash of counsel), for res — Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered April 9, 2013, which granted the motion of defendant Castle Oil Corp. (Castle) for summary judgment on its cross claims for contractual indemnification and breach of contract against defendant Crystal Transportation Corp. (Crystal), unanimously modified, on the law, to deny the motion as to the contractual indemnification cross claim, and otherwise affirmed, without costs.

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12208. LENART REALTY CORP., PLAINTIFF, v. PETROLEUM TANK CLEANERS, LTD., def, CASTLE OIL CORPORATION, def-res, CRYSTAL TRANSPORTATION CORP., def-ap — Clausen Miller P.C., New York (Daniel R. Bryer of counsel), for ap — Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Joshua Cash of counsel), for res — Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered April 9, 2013, which granted the motion of defendant Castle Oil Corp. (Castle) for summary judgment on its cross claims for contractual indemnification and breach of contract against defendant Crystal Transportation Corp. (Crystal), unanimously modified, on the law, to deny the motion as to the contractual indemnification cross claim, and otherwise affirmed, without costs.

This action arises out of an oil spill that occurred while Crystal was making a delivery of oil to a building owned by plaintiff pursuant to a delivery agreement under which Crystal delivered oil to Castle’s customers. The delivery agreement contained an indemnification provision which provided in pertinent part:

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