Brewery Workers Pension Fund v. New York State Teamsters Conference Pension & Retirement Fund

433 N.E.2d 1272, 55 N.Y.2d 902, 449 N.Y.S.2d 24, 1982 N.Y. LEXIS 3101

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

On the limited issues before this court, we agree with the Appellate Division that the plaintiffs have a contractual right to indemnification. Although the appellants urge that indemnification is only required when the litigation is initiated by third parties, the agreement does not expressly provide this nor can such a limitation be implied by a fair reading of its terms.

Chief Judge Cooke and Judges Jasen, Gabrielli, Wachtler and Fuchsberg concur; Judges Jones and Meyer taking no part.

Order affirmed, with costs, in a memorandum.