We reject King Motorsports's claim that the Supplementary Regulations in SCCA's policy with American Empire shows that it was a covered race official under that policy. Giving these provisions their plain and ordinary meaning, the references to King Motorsports and other organizations were for the sole purpose of identifying the listed individuals' employers, rather than designating those organizations as race officials. King Motorsports's cross claims against Junior Car for contractual indemnification and breach of contract to procure insurance should be dismissed since the agreements between those parties did not contemplate product liability claims arising out of acts and conduct occurring prior to the race. The third-party action was properly dismissed as against the event defendants in the absence of any evidence that they had any part in the manufacture, design, distribution or modification of the allegedly defective go-kart. However, issues of fact do exist as to SCCA's and Junior Car's involvement, if any, in the manufacture, design, distribution or modification of the go-kart, and, accordingly, their motion to dismiss all claims as against them, and Junior Car's motion for summary judgment on its indemnification claims against King Motorsports and New York Dolls, were properly denied.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.