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WAI CHEUNG v. 48 TENANTS' CORP.

Index No. 158886/13. Appeal No. 13362. Case No. 2020-01271.

192 A.D.3d 503 (2021)

140 N.Y.S.3d 405

2021 NY Slip Op 01505

Wai Cheung, Plaintiff, v. 48 Tenants' Corp., Appellant, and The Saint Faustina Revocable Trust, Respondent.

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

Decided March 16, 2021.

Attorney(s) appearing for the Case

Sobel Pevzner, LLC, New York ( Curtis Sobel of counsel), for appellant.

Lisa M. Comeau , Garden City, for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ.

"A party is entitled to full contractual indemnification provided that the intention to indemnify can be clearly implied from the language and purposes of the entire agreement and the surrounding facts and circumstances" (Campos v 68 E. 86th St. Owners Corp., 117 A.D.3d 593, 595 [1st Dept 2014] [internal quotation marks omitted]). However, "[w]hen a party is under no legal duty to indemnify...

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