Digital Broadcast Corp. v. Ladenburg Thalmann & Co.

Majority

p. 412

Digital Broadcast Corp., Respondent, v Ladenburg Thalmann & Co., Inc., Appellant.

[852 NYS2d 839]

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

p. 413

find them unavailing. Concur-Mazzarelli, J.P., Andrias, Williams, Buckley and Acosta, JJ. [See 2007 NY Slip Op 32593 (U).]

Cases cited

Hooper Associates Ltd. v. AGS Computers, Inc. 74 NY2d 487 N.Y. 1989-11-21 p. 412