Digital Broadcast Corp. v. Ladenburg Thalmann & Co.

Appellate Division of the Supreme Court of New York

Digital Broadcast Corp. v. Ladenburg Thalmann & Co.

49 A.D.3d 412, 852 N.Y.2d 839

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 18, 2008

StatusPublished

Cited by1 cases

This text of 49 A.D.3d 412 (Digital Broadcast Corp. v. Ladenburg Thalmann & Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Digital Broadcast Corp. v. Ladenburg Thalmann & Co., 49 A.D.3d 412, 852 N.Y.2d 839 (N.Y. Ct. App. 2008).

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Opinion

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 [413]*413find them unavailing. Concur-Mazzarelli, J.P., Andrias, Williams, Buckley and Acosta, JJ. [See 2007 NY Slip Op 32593(U).]

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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 [413]*413find them unavailing. Concur-Mazzarelli, J.P., Andrias, Williams, Buckley and Acosta, JJ. [See 2007 NY Slip Op 32593(U).]

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Bluebook (online)

49 A.D.3d 412, 852 N.Y.2d 839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/digital-broadcast-corp-v-ladenburg-thalmann-co-nyappdiv-2008.

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