KIMBER MFG v. MARCUM & KLIEGMAN


56 A.D.3d 618 (2008)

867 N.Y.S.2d 337

KIMBER MFG., INC., et al., Appellants, v. MARCUM & KLIEGMAN, LLP, Respondent.

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

November 18, 2008.


Ordered that the order is affirmed, with costs.

As the Supreme Court correctly determined, the defendant, Marcum & Kliegman, LLP (hereinafter M & K), demonstrated its prima facie entitlement to judgment as a matter of law by establishing that a provision in the letters by which it was retained by the plaintiff Kimber Mfg., Inc. (hereinafter Kimber), to perform certain accounting services unambiguously required Kimber to indemnify M & K under the circumstances...

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