NRT N.Y., LLC v. KONTOS

8880N, 113391/11.

101 A.D.3d 584 (2012)

955 N.Y.S.2d 518

2012 NY Slip Op 8817

NRT NEW YORK, LLC, Doing Business as THE CORCORAN GROUP, Respondent, v. HERCULES KONTOS, Respondent/Third-Party Plaintiff-Respondent. TRITON ENTERPRISES, LLC, et al., Third-Party Defendants-Appellants.

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

December 20, 2012.


The indemnification clause at issue here clearly and unambiguously makes third-party defendant Triton's indemnification of Kontos conditioned upon Triton's use of a broker other than Corcoran. Thus, Triton promised that if it violated the contract by dealing with another broker and that broker sued Kontos, Triton would indemnify Kontos for the cost of defending such suit. With regard to indemnification, the sales contract promised that, and nothing more, and this Court rejects...

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