REMET CORP. v. ESTATE OF PYNE

1253 CA 18-00428.

169 A.D.3d 1432 (2019)

92 N.Y.S.3d 809

2019 NY Slip Op 00776

Remet Corporation, Appellant, v. Estate of James R. Pyne, Deceased, et al., Respondents. (Appeal No. 2.).

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

Decided February 1, 2019.


It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: We affirm the order in appeal No. 1 and the judgment in appeal No. 2 for reasons stated in the decisions at Supreme Court. We add only that plaintiff improperly contends, for the first time on appeal, that it is entitled under the provisions of section 8.1 (a) (ii) of the operative purchase and sale agreement to indemnification for the attorneys' fees it has...

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