GUERRA v. ASTORIA GENERATING CO., L.P

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; Daniel Gale Assocs v. Hillcrest Estates, 283 A.D.2d 386, 387). 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; Daniel Gale Assocs. v. Hillcrest Estates, supra).

PRUDENTI, P.J., RITTER, COZIER and SKELOS, JJ., concur.