• SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
  • Tom, J.P., Saxe, Richter, Abdus-Salaam, Feinman, JJ.
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.