CHAPEL v. MITCHELL


84 N.Y.2d 345 (1994)

642 N.E.2d 1082

618 N.Y.S.2d 626

David W. Chapel et al., Plaintiffs, v. Samuel J. Mitchell et al., Defendants and Third-Party Plaintiffs-Respondents. Robert E. Lee, Doing Business as Protdec, Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided October 27, 1994.


Attorney(s) appearing for the Case

Cherin & Gold, Binghamton (Sanford P. Tanenhaus of counsel), for third-party defendant-appellant.

No appearance for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.


CIPARICK, J.

This case requires us to decide whether an indemnitee may recover from an indemnitor the legal expenses incurred in prosecuting a common-law indemnification claim. We conclude that such legal expenses are not recoverable.

While employed by third-party defendant Robert E. Lee, plaintiff David W. Chapel sustained injuries when he fell from the roof of a building owned by defendants/third-party...

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