Legal Opinion
Hooper Associates Ltd. v. AGS Computers, Inc.
New York Court of Appeals
Decided November 21, 1989PublishedCited by 643 opinions
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
This action is based upon a contract between plaintiff, Hooper Associates, Ltd., and defendant, AGS Computers, Inc., in which Hooper agreed to purchase computer equipment and services from defendant. Plaintiff successfully sued for breach of the contract and the question submitted to us, by leave of the Appellate Division, is whether the contract’s indemnity clause entitles plaintiff to recover counsel fees incurred in prosecuting the action against defendant also. We hold that it does not.
In 1977 the parties entered into a written contract whereby *490defendant…
2Cases cited18 opinions
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- City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
- A. G. Ship Maintenance Corp. v. LezakNew York Court of Appeals · 1986
- Levine v. Shell Oil Co.New York Court of Appeals · 1971
- Margolin v. New York Life InsuranceNew York Court of Appeals · 1973
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3Cited by643 opinions
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- Mid-Hudson Catskill Rural Migrant Ministry, Inc., Plaintiff-Appellant-Cross-Appellee v. Fine Host Corporation, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 2005
- Oscar Gruss & Son, Inc., Plaintiff-Counter-Defendant-Appellee-Cross-Appellant v. Yossie Hollander, Defendant-Counter-Claimant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2003
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