In Roddy v. Nederlander Producing Co., 44 A.D.3d 556, 844 N.Y.S.2d 231 (1st Dept 2007), the First Department held that, "summary relief is appropriate on a claim for contractual indemnification where, as here, the license agreement is unambiguous and clearly sets forth the parties' intention that a licensee indemnify the licensor for the injuries sustained." Roddy v. Nederlander, 44 A.D.3d at 556.

There the court found that, based on the license agreement, the licensor had established a prima facie case of entitlement to indemnification and that the licensee failed to demonstrate that there was a question of fact sufficient to overcome the licensor's proof.