ADDITIONAL CASES Vladimir Gotlibovsky, Plaintiff v. HLT NY Waldorf LLC d/b/a Waldorf Astoria New York, Waldorf Astoria Management LLC, Angang Insurance Group Co., Ltd., Defendants; Third-Party 595653/2015 HLT NY Waldorf LLC d/b/a Waldorf Astoria New York, Waldorf Astoria Management LLC, Plaintiffs v. Aleksandr Coldshmidt, Defendant; Second Third-Party 595572/2017 The following e-filed documents, listed by NYSCEF document number (Motion 006) 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 211, 212, 213, 214, 215, 216, 217, 218, 219, 225, 227, 228, 239, 240, 241 were read on this motion to/for DISMISSAL. DECISION + ORDER ON MOTION The instant litigation arises from an accidental shooting at a June 13, 2015, wedding event at the Waldorf Astoria Hotel in Manhattan (the “Hotel”). Plaintiffs Anna Goldshmidt (“Anna”) and Elan Stratt (“Elan”) seek damages for negligence and negligent infliction of emotional distress from defendant Vladimir Gotlibovsky (“Vladimir”) accidentally firing a handgun inside the Hotel prior to the scheduled wedding, resulting in the Hotel’s cancellation of their wedding reception. The first and second third-party actions by and against the Hotel’s operators and business partners, in what was planned to be Anna and Elan’s wedding, seek various indemnification and assert contractual and negligence claims arising from the shooting.1 The Waldorf Entities now move, in Action No. 1 (Motion Sequence No. 006) and Action No. 2 (Motion Sequence No. 001), for summary judgment dismissing all remaining third-party claims and counterclaims against them and granting judgment in their favor on their second third-party claims pursuant to CPLR 3212. Plaintiffs in both actions cross-move to strike the Waldorf Entities’ affirmation and memorandum of law in support of their motion for summary judgment, as well as exhibits EE and LL, which are annexed to the affirmation. Motion sequence number 006 in Action No. 1 (Index No. 156674/2015) and Motion Sequence No. 001 in Action No. 2 (Index No. 156715/2017) are consolidated for disposition.2 I. Background and Procedural History In July 2014, Inna entered into a “Catering Sales Event Agreement” (“Catering Agreement”) with HLT NY Waldorf LLC to hold her daughter’s wedding (the “Event”) at the Hotel (NYSCEF Doc. No. 133, Catering Agreement). The Catering Agreement is a nine-page document, with the first three pages laying out the services to be provided and their cost, with the signature lines appearing at the bottom of the third page. Immediately below the signature lines, in bold text, the Catering Agreement provides that it “is subject to the Terms and Conditions on the following pages” (id. at 3). The following six pages contain the Terms and Conditions, which include, in pertinent part, the following: “15. CONDUCT OF EVENT: You assume full responsibility for the conduct of all persons in attendance at your Event and for any damage done to any part of our premises during the time of your Event, whether caused by you, your agents, employees, contractors or attendees…. You also agree that your Event will not create any disturbance to other guests or meetings, such as noise, smoke or fog machines, dry ice, confetti cannons, candles, incense, or any activity that generates smells. Hotel reserves the right to end your Event immediately if you do not comply with Hotel’s request to reduce or eliminate any such disturbance, and you will remain responsible for payment of all charges related to your Event and no refunds will be issued by Hotel…. *** “24. INDEMNIFICATION: To the fullest extent permitted by law, you agree to protect, indemnify, defend and hold harmless the Hotel, Hilton Worldwide Inc. and the Hotel’s Owner, and their respective owners, managers, partners, subsidiaries, affiliates, officers, directors, employees and agents (collectively, the ‘Hotel Indemnified Parties’), from and against any and all claims, losses or damages to persons or property, governmental charges or fines, penalties, and costs (including reasonable attorney’s fees) (collectively, ‘Claim(s)’), in any way arising out of or relating to the Event that is the subject of this Agreement, and regardless of negligence, including, but not limited to, Claims arising out of the negligence, gross negligence or intentional misconduct of Group’s employees, agents, contractors, and attendees; provided, however, that nothing in this indemnification shall require you to indemnify the Hotel Indemnified Parties for that portion of any Claim arising out of the sole negligence, gross negligence or intentional misconduct of the Hotel Indemnified Parties. “25. INSURANCE: You agree to maintain insurance reasonably commensurate with all activities arising from or connected to your Event, including, but not limited to, Commercial General Liability insurance with limits not less than Two Million US dollars ($2,000,000 US) per occurrence covering property damage, products-completed operations, and liability assumed under an insured contract, including the tort liability of another assumed in a business contract. You agree to add Hotel Indemnified Parties as additional insureds under all applicable policies for your Event, and your insurance will apply as primary to any insurance maintained by the Hotel Indemnified Parties. You agree not to endorse or change your insurance to make it excess over other available insurance. Neither your failure to provide, nor our failure to obtain, proof of compliance shall act as a waiver of any of term in this Agreement.” (Id.,
