Symbol Technologies, Inc. v. Intersil Corp.

*433In an action to recover costs and attorney’s fees, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Emerson, J.), dated January 4, 2006, as denied that branch of their motion which was for summary judgment dismissing the second cause of action.

Ordered that the order is affirmed insofar as appealed from, with costs.

Pursuant to the plaintiffs purchase orders and development agreements with the defendants, the defendants agreed to indemnify the plaintiff for “cost[s] and expenses, including attorney’s fees which may be incurred on…