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VAN DEVENTER v. CS SCF MANAGEMENT LIMITED

47 A.D.3d 503 (2008)

850 N.Y.S.2d 73

JOHN M. VAN DEVENTER et al., Appellants, v. CS SCF MANAGEMENT LIMITED et al., Respondents, et al., Defendants.

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

Decided January 22, 2008.

A promise by respondents to indemnify plaintiffs in an action brought by plaintiffs against respondents is not "unmistakably clear" from the subject agreement (see Hooper Assoc. v AGS Computers, 74 N.Y.2d 487, 492 [1989]), which unambiguously limited respondents' obligation to indemnify plaintiffs to the defense of any actual or threatened action or proceeding; plaintiffs' interpretation...

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