AYALA v. LOCKHEED MARTIN CORPORATION


22 A.D.3d 394 (2005)

802 N.Y.S.2d 362

DENNIS AYALA, Plaintiff, v. LOCKHEED MARTIN CORPORATION et al., Defendants and Third-Party Plaintiffs-Appellants. GLOBAL INDUSTRIAL SERVICES, INC., Third-Party Defendant-Respondent.

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

October 25, 2005.


Since the complaint in the main action had been dismissed, there was no surviving issue as to whether appellants were entitled to prevail on their third-party claim for indemnification. We note that even if attorneys' fees had been sought in the third-party complaint, they would not have been recoverable since the indemnitor's obligation to reimburse appellants for their attorneys' fees is not "unmistakably clear" from the relied-upon indemnity provision (see Hooper Assoc...

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