GUERRA v. Village Landscaping, Inc., third-party defendant-appellant.

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Supreme Court, Appellate Division, Second Department, New York.

Edgar GUERRA, plaintiff, v. ASTORIA GENERATING COMPANY, L.P., et al., defendants third-party plaintiffs-respondents; Village Landscaping, Inc., third-party defendant-appellant.

Decided: June 28, 2004

A. GAIL PRUDENTI, P.J., DAVID S. RITTER, BARRY A. COZIER, and PETER B. SKELOS, JJ. Thomas P. Gorton, P.C., Garden City, N.Y., for third-party defendant-appellant. Ahmuty, Demers & McManus, Albertson, N.Y. (Brendan T. Fitzpatrick of counsel), for defendants third-party plaintiffs-respondents.

In an action to recover damages for personal injuries, the third-party defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Satterfield, J.), dated October 21, 2003, as granted that branch of the motion of the third-party plaintiffs which was for summary judgment on the contractual indemnification cause of action.

ORDERED that the order is affirmed, with costs.

 A party that signs a document is conclusively bound by its terms absent a valid excuse for having failed to read it (see Da Silva v. Musso, 53 N.Y.2d 543, 550-551, 444 N.Y.S.2d 50, 428 N.E.2d 382;  Daniel Gale Assocs. v. Hillcrest Estates, 283 A.D.2d 386, 387, 724 N.Y.S.2d 201).   In opposition to the third-party plaintiffs' prima facie showing that the third-party defendant signed documents in which it agreed to be bound by and acknowledged receipt of “General Conditions of Contract for Vendor Services” (hereafter General Conditions), a document that contained an indemnification clause, the third-party defendant's excuse that it never received the General Conditions and that its president, a sophisticated businessman, thought that the General Conditions mentioned in the documents he executed on behalf of the third-party defendant referred to instructions he was given as he walked around the premises prior to executing the contract, was insufficient to defeat summary judgment (see Nissho Iwai Europe v. Korea First Bank, 301 A.D.2d 469, 470, 756 N.Y.S.2d 140;  Daniel Gale Assocs. v. Hillcrest Estates, supra ).

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