John Deere Insurance Co. v. GBE/Alasia Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*621“New York courts have held that pursuant to an indemnity agreement such as that signed by the defendants, ‘the surety is entitled to indemnification upon proof of payment, unless payment was made in bad faith or was unreasonable in amount, and this rule applies regardless of whether the principal was actually in default or liable under its contract with the obligee’ ” (Lee v T.F. DeMilo Corp., 29 AD3d 867, 868 [2006], quoting Frontier Ins. Co. v Renewal Arts Contr. Corp., 12 AD3d 891, 892 [2004]). Thus, under this analysis, it is irrelevant whether the indemnitor was actually liable on the…
2Cases cited17 opinions
- Kass v. KassNew York Court of Appeals · 1998
- Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co.New York Court of Appeals · 1995
- Albany County Savings Bank v. McCartyNew York Court of Appeals · 1896
- Lum v. AntonelliAppellate Division of the Supreme Court of the State of New York · 1984
- Lum v. AntonelliNew York Court of Appeals · 1985
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3Cited by38 opinions
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- TD Bank, N.A. v. Piccolo Mondo 21st Century, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Bank of New York v. SpadaforaAppellate Division of the Supreme Court of the State of New York · 2012
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