AABCO SHEET METAL COMPANY, INC. v. INTERNATIONAL FIDELITY INSURANCE COMPANY


266 A.D.2d 23 (1999)

697 N.Y.S.2d 622

AABCO SHEET METAL COMPANY, INC., Plaintiff, v. INTERNATIONAL FIDELITY INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Respondent. MORTON SALKIND, Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 4, 1999.


The undisputed evidence establishes that IFIC was not negligent in describing the work covered by the payment bond it issued to third-party defendant Salkind and his company, Dial Mechanical Corporation, the president of which reviewed and signed the payment bond. IFIC was, therefore, entitled, pursuant to its indemnity agreement with third-party defendant Salkind, to recover expenses and attorneys' fees it incurred in its good faith defense of the action by plaintiff Aabco...

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