Matter of Merkin v. Berman

Order, Supreme Court, New York County (Richard B. Lowe III, J.), entered on or about July 9, 2014, which, to the extent appealed from, granted so much of the petition to confirm an arbitration award as seeks indemnification, unanimously reversed, on the law, without costs, the indemnification claim severed and continued as an action, and the matter remanded for further proceedings on the merits.

CPLR article 75 does not authorize a claim for contractual indemnification (see CPLR 103 [b]). Therefore, the claim should be severed from the special proceeding and continued as a plenary action (CPLR…