Breed, Abbott & Morgan v. Hulko

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The narrow question before us is whether, under the circumstances presented, defendant agreed to indemnify plaintiff for its legal expenses incurred resisting defendant’s claims (see, Matter of A. G. Ship Maintenance Corp. v Lezak, 69 NY2d 1, 5). We conclude that defendant did so agree, for the reason stated in the opinion of the late Justice Leonard H. Sandler that if this agreement did not include plaintiff law firm’s "legal expenses incurred in defending against an action by one of the parties…