HOOPER v. AGS COMPUTERS


74 N.Y.2d 487 (1989)

Hooper Associates, Ltd., Respondent, v. AGS Computers, Inc., Appellant. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided November 21, 1989.


Attorney(s) appearing for the Case

Sanford F. Young and Jan B. Rothman for appellant.

Ludwig A. Saskor for respondent.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


SIMONS, J.

This action is based upon a contract between plaintiff, Hooper Associates, Ltd., and defendant, AGS Computers, Inc., in which Hooper agreed to purchase computer equipment and services from defendant. Plaintiff successfully sued for breach of the contract and the question submitted to us, by leave of the Appellate Division, is whether the contract's indemnity clause entitles plaintiff to recover counsel...

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