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

Appellate Division of the Supreme Court of the State of New York·Decided March 18, 2008·Published·Cited by 1 cases

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

Free access — add to your briefcase to read the full text and ask questions with AI

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

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

Pincite

49 A.D.3d 412 (Digital Broadcast Corp. v. Ladenburg Thalmann & Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related