Legal Opinion

L. B. Smith, Inc. v. Bradley & Williams, Inc.

New York Court of Appeals

Decided November 18, 1982PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified, with costs, to deny summary judgment to defendant Bradley & Williams, Inc., to grant summary judgment to plaintiff and to remit the case to Supreme Court for entry of a judgment declaring that said defendant is obligated to indemnify plaintiff for any recovery in the underlying action but not to defend the' action; as so modified, the order should be affirmed.

For the reasons stated in the dissenting memorandum at the Appellate Division, the lessee is obligated by the terms of the agreement (which is one of…

2Cases cited1 opinion

  1. Gross v. SweetNew York Court of Appeals · 1979

3Cited by6 opinions

  1. Niagara Frontier Transportation Authority v. Tri-Delta Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1985
  2. DiPilato v. H. Park Central Hotel, L.L.C.Appellate Division of the Supreme Court of the State of New York · 2005
  3. Reeves v. WelchAppellate Division of the Supreme Court of the State of New York · 1987
  4. Starobin v. Randolph Computer Corp.District Court, S.D. New York · 1988
  5. Frost v. Budget Car & Truck RentalAppellate Division of the Supreme Court of the State of New York · 2005

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