UBS SECURITIES LLC v. HIGHLAND CAPITAL MANAGEMENT, L.P.


70 A.D.3d 526 (2010)

893 N.Y.S.2d 869

UBS SECURITIES LLC et al., Respondents, v. HIGHLAND CAPITAL MANAGEMENT, L.P., Appellant, et al., Defendants.

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

Decided February 18, 2010.


Dismissal of plaintiffs' indemnification claim against Highland is warranted, since the agreements between the parties contain no promise on the part of Highland to undertake liability with respect to the investment losses suffered by plaintiffs, or to ensure or guarantee the performance of defendant off-shore funds' obligations to bear the risk of investment losses. Absent facts alleging that Highland otherwise breached the engagement letter, the indemnification provision...

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