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FRIDAY INVESTMENTS v. BALLY TOTAL FITNESS

No. 248PA16.

805 S.E.2d 664 (2017)

FRIDAY INVESTMENTS, LLC, v. BALLY TOTAL FITNESS OF THE MID-ATLANTIC, INC. f/k/a Bally Total Fitness of the Southeast, Inc. f/k/a Holiday Health Clubs of the Southeast, Inc. as successor-in-interest to Bally Total Fitness Corporation; and Bally Total Fitness Holding Corporation.

Supreme Court of North Carolina.

Filed November 3, 2017.

Attorney(s) appearing for the Case

Horack, Talley, Pharr & Lowndes, P.A., by Keith B. Nichols , for plaintiff-appellee.

Knox, Brotherton , Knox & Godfrey, by Lisa G. Godfrey ; and Burt & Cordes, PLLC, by Stacy C. Cordes , for defendant-appellants.

In this case we consider whether an attorney-client relationship exists between defendants and a non-party that contractually agreed to indemnify defendants. Recognizing its tripartite nature, we conclude that the contractual duty to defend and indemnify gives rise to an attorney-client relationship. Nonetheless, because defendants...

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