MILLENNIUM HOLDINGS LLC v. GLIDDEN CO.

600920/08, 9971, 9970.

176 A.D.3d 423 (2019)

112 N.Y.S.3d 80

2019 NY Slip Op 07030

Millennium Holdings LLC et al., Plaintiffs, and Certain Underwriters at Lloyd's, London et al., Intervenors-Respondents, v. The Glidden Company, Now Known as Akzo Nobel Paints LLC et al., Appellants. Millennium Holdings LLC et al., Plaintiffs, and Certain Underwriters at Lloyd's, London et al., Intervenors-Appellants, v. The Glidden Company, Now Known as Akzo Nobel Paints LLC, Respondent.

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

Decided October 1, 2019.


Attorney(s) appearing for the Case

Debevoise & Plimpton LLP, New York ( James B. Amler of counsel), for The Glidden Company, appellants/respondents.

Zuckerman Spaeder LLC, New York ( Carl S. Kravitz of counsel), for respondents/appellants.

Concur—Friedman, J.P., Tom, Webber, Gesmer, Oing, JJ.


The issue on these appeals is whether the insurers are contractually subrogated to plaintiff's contractual indemnification rights against defendant. We previously held that the amended purchase agreement setting forth defendant's indemnification obligation is ambiguous as to whether plaintiff and defendant intended that plaintiff would maximize its insurance recoveries before seeking indemnification from defendant and remanded to Supreme Court for consideration of extrinsic...

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