AWARDS.COM, LLC v. KINKO'S, INC.

5158, 5158A, 5158B, 603105/03.

84 A.D.3d 639 (2011)

923 N.Y.S.2d 510

AWARDS.COM, LLC, Plaintiff, and INSPIRE SOMEONE, LLC, Respondent, v. KINKO'S, INC., Appellant, et al., Defendants.

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

Decided May 24, 2011.


Supreme Court properly determined that, under the indemnification provision of an agreement between Kinko's and plaintiff Inspire Someone, LLC, Kinko's is entitled to recover the legal fees incurred only in prosecuting its breach of contract counterclaim. Indeed, when applying the proper standard of construction of such indemnification clauses, it is not "unmistakably clear" that the agreement's indemnification provision applies to fees incurred in defending against plaintiffs...

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