—[*1] Arkin Kaplan Rice LLP, New York City (Sean R. O'Brien of counsel), for appellant.

Law Office of Sheldon H. Gopstein, New York City (Sheldon H. Gopstein of counsel), for respondent.

Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered August 21, 2007, which denied defendant's motion for partial summary judgment on its counterclaim for the advancement of attorney's fees, and granted plaintiff's cross motion for partial summary judgment dismissing the counterclaim, unanimously affirmed, with costs.

The indemnification provision incorporated by reference to and made a part of the contract between plaintiff and defendant is ambiguous and cannot, as a matter of law, be interpreted as providing for reimbursement of defendant's attorney's fees in the instant action between the signatories to the contract (see Hooper Assoc. v AGS Computers, 74 NY2d 487 [1989]).

We have considered defendant's remaining contentions and find them unavailing. Concur—Mazzarelli, J.P., Andrias, Williams, Buckley and Acosta, JJ. [See 2007 NY Slip Op 32593(U).]