Legal Opinion

Digital Broadcast Corp. v. Ladenburg Thalmann & Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 18, 2008PublishedCited by 1 opinion

1Opinion of the Court

The indemnification provision incorporated by reference to and made a part of the contract between plaintiff and defendant is ambiguous and cannot, as a matter of law, be interpreted as providing for reimbursement of defendant’s attorney’s fees in the instant action between the signatories to the contract (see Hooper Assoc. v AGS Computers, 74 NY2d 487 [1989]).

We have considered defendant’s remaining contentions and *413find them unavailing. Concur-Mazzarelli, J.P., Andrias, Williams, Buckley and Acosta, JJ. [See 2007 NY Slip Op 32593(U).]

2Cases cited1 opinion

  1. Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989

3Cited by1 opinion

  1. Parkway Pediatric & Adolescent Medicine LLC v. VitulloAppellate Division of the Supreme Court of the State of New York · 2010