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ZISSU v. BEAR, STEARNS & CO.

No. 1322, Docket 86-7177.

805 F.2d 75 (1986)

Frederick ZISSU, Plaintiff-Appellant, v. BEAR, STEARNS & CO., a New York Limited Partnership, Barry West, Carleton A. Hostrom, Encore Exploration, Inc., a Delaware Corporation, Hearts Energy, Inc., a New York Corporation, Gerald B. Cramer, Richard D. Segal, Edward J. Rosenthal, John Doe and Richard Roe, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 10, 1986.

Attorney(s) appearing for the Case

Thomas R. Newman, New York City (Benjamin Vinar, Robert H. Jaffe, Siff, Newman, Rosen & Parker, P.C., New York City, of counsel), for plaintiff-appellant.

Gerald Walpin, New York City (Steven S. Miller, Brian G. Lustbader, Rosenman Colin Freund Lewis & Cohen, New York City, of counsel), for defendants-appellees Encore Exploration, Inc., Hearts Energy, Inc., Gerald B. Cramer, Richard D. Segal and Edward J. Rosenthal.

Max Gitter, New York City (Robert P. Haney, Jr., Clifford Peterson, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, of counsel), for defendants-appellees Bear, Stearns & Co. and Barry West.

Before LUMBARD, CARDAMONE, and WINTER, Circuit Judges.

CARDAMONE, Circuit Judge:

This is an appeal by a plaintiff investor who sued his investment's sponsors for securities fraud. At trial, defendants prevailed on their counterclaim that contained an indemnity clause providing that plaintiff would pay defendants' attorneys' fees if they had to defend against a suit by plaintiff. After a favorable jury verdict, defendants moved alternatively for attorneys' fees pursuant to §...

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