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Brewery Workers Pension Fund v. New York State Teamsters Conference Pension & Retirement Fund

55 N.Y.2d 902 Court N.Y. Decision date 1982-02-09 English

Contents

Majority

p. 902
Brewery Workers Pension Fund et al., Respondents, v New York State Teamsters Conference Pension and Retirement Fund et al., Appellants.
Argued January 7, 1982;
decided February 9, 1982
p. 903
APPEARANCES OF COUNSEL
Lawrence Vincent Kelly and Andrew J. Maloney for appellants.
Bettina B. Plevan, Edward Silver, I. Philip Sipser and Susan Martin for respondents.

OPINION OF THE COURT

Memorandum.

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

p. 904
On the limited issues before this court, we agree with the Appellate Division that the plaintiffs have a contractual right to indemnification. Although the appellants urge that indemnification is only required when the litigation is initiated by third parties, the agreement does not expressly provide this nor can such a limitation be implied by a fair reading of its terms.

Chief Judge Cooke and Judges Jasen, Gabrielli, Wachtler and Fuchsberg concur; Judges Jones and Meyer taking no part.

Order affirmed, with costs, in a memorandum.