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CLAIRE v. O'DRISCOLL

30 A.D.3d 1119 (2006)

817 N.Y.S.2d 221

EDWARD CLAIRE, Respondent, v. GERALD O'DRISCOLL, JR., Appellant-Respondent, and ROBERT F. BARRY et al., Respondents-Appellants. (And a Third-Party Action.)

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

June 6, 2006.

The court properly rejected O'Driscoll's claim that the shareholders' agreement mandated the adoption of a requirement of a supermajority for approving compensation in excess of $5,000. The court properly found that the language of the indemnification provision in Joseph Moran's employment agreement is ambiguous and properly concluded from the extrinsic evidence that the intention of the parties was to provide the broadest possible indemnification to him for legal fees (...

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