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SHALIK v. STEIN

653054/11, 12297

116 A.D.3d 604 (2014)

983 N.Y.S.2d 794

2014 NY Slip Op 2726

EUGENE SHALIK, Respondent, v. MICHAEL STEIN, Appellant.

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

Decided April 22, 2014.

The parties' indemnification and contribution agreement was unambiguous in requiring that defendant pay 50% of any amount paid by plaintiff on the debt they had co-guaranteed. This was particularly true in light of the language in the precatory clauses (see Grand Manor Health Related Facility, Inc. v Hamilton Equities Inc., 65 A.D.3d 445, 447 [1st Dept 2009]). Furthermore, defendant's reading of the agreement, that indemnification...

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