DIGITAL BROADCAST CORP. v. LADENBURG THALMANN & CO., INC.


49 A.D.3d 412 (2008)

852 N.Y.S.2d 839

DIGITAL BROADCAST CORP., Respondent, v. LADENBURG THALMANN & CO., INC., Appellant.

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

Decided March 18, 2008.


The indemnification provision incorporated by reference to and made a part of the contract between plaintiff and defendant is ambiguous and cannot, as a matter of law, be interpreted as providing for reimbursement of defendant's attorney's fees in the instant action between the signatories to the contract (see Hooper Assoc. v AGS Computers, 74 N.Y.2d 487 [1989]).

We have considered defendant's remaining contentions and

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