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NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. v. RED APPLE GROUP, INC.

309 A.D.2d 657 (2003)

767 N.Y.S.2d 68

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Respondent, v. RED APPLE GROUP, INC., et al., Appellants, et al., Defendant.

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

Decided October 23, 2003.

Where, as here, the indemnitee fails to notify the indemnitor of a settlement with the claimant, indemnification is conditioned upon the indemnitee's demonstration that it would have been liable to the claimant, that there was no good defense, and that the settlement was in a reasonable amount (see Chase Manhattan Bank v 264 Water St. Assoc., 222 A.D.2d 229, 231 [1995]; Feuer v Menkes Feuer Inc., 8 A.D.2d...

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