The determination denying plaintiff leave to amend its third party complaint in the prior action did not purport to reach the merits of plaintiff's claim for attorneys' fees under the indemnity agreement now at issue, and is accordingly not res judicata as to the present action. The cause of action asserted is one for indemnity, arising out of a contractual duty imposed on defendant to reimburse the cost of plaintiff's legal defense — not to furnish a defense ab...
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