You searched for: "Indemnification and Advancement"
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March 28, 2025
Motion To Dismiss Claims For Advancement And Indemnification Denied
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On March 11, 2025, Justice Margaret A. Chan denied defendants’ motion to dismiss claims for advancement and indemnification. White Oak Global Advisors, LLC v. Scopetta, Index No. 652992/2024. The Court explained: Read More
April 19, 2024
Court Finds Action For Indemnification Premature Where Agreement Lacked An Advancement Clause And No Covered Payment Had Yet Been Made
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On March 11, 2024, Justice Joel M. Cohen granted a motion to dismiss Plaintiff’s claim for breach of a contractual duty to indemnify litigation expenses the Plaintiff had paid in connection with ongoing litigation in Oklahoma and the bankruptcy of its subsidiary. In SBN FCCG, LLC v. Fog Cutter Capital Group, Inc., Index No. 650197/2023, Plaintiff contended the Defendant was obligated to pay Plaintiff’s litigation expenses based on a contractual indemnification clause. The Court rejected the claim as premature, however, finding that the contract contained no advancement clause that might mandate coverage of ongoing litigation expenses before the ultimate resolution of the case. The Court also concluded that a settlement in the subsidiary’s bankruptcy had explicitly disclaimed existence of the criteria needed to trigger indemnification of litigation expenses. As to the ongoing Oklahoma litigation expenses, the Court explained: Read More
December 7, 2022
Court Grants Company’s Motion To Deny COO Indemnification
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
In a Decision and Order, dated November 7, 2022, in Iconix Brand Group v. Horowitz., Index No. 650726/2022, Justice Barry R. Ostrager granted, in significant part, plaintiff’s motion for a declaration that it is not required to indemnify its former COO for any fees incurred in connection with criminal and SEC investigations arising out of financial and accounting issues that arose while defendant was the COO of plaintiff. The Court explained: Read More
November 14, 2022
Owners' Domination and Abuse of Entity to Perpetrate a Wrong or Injustice on Plaintiffs Sufficient to Pierce Corporate Veil
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On November 2, 2022, the Second Department issued a decision in F&R Goldfish Corp. v. Furleiter, 2022 N.Y. Slip Op. 06112, holding that plaintiffs alleged facts sufficient to pierce the corporate veil, explaining: Read More
October 31, 2022
Fee Shifting Between Partners Denied Without “Unmistakably Clear” Language of Intent
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
In a decision dated October 20, 2022, in Sage Systems, Inc. v. Liss, 2022 NY Slip Op 05918, the New York Court of Appeals reversed the Appellate Division and rejected plaintiff’s argument that a broad, unrestrictive indemnification provision in the partnership agreement entitled it to attorney’s fees related to direct claims between the partners. The Court explained: Read More
June 17, 2022
Contractual Obligation to Maintain Insurance and Indemnify Party Demonstrates It Was Intended Beneficiary of Contract
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On March 29, 2022, in Board of Mgrs. of the St. Tropez Condominium v. JMA Consultants, Inc., INDEX NO. 656079/2018, Third-Party Index No. 596075/2019, Justice Andrew Borrok of the New York County Commercial Division denied those portions of third party defendant contractor’s motion to dismiss the amended third party complaint alleging breach of contract and contractual indemnification because the contractual language is clear that the third party plaintiff architect/engineer was an intended beneficiary of the contract. Read More
June 1, 2021
Common Law Indemnification Claim Dismissed Because Party Seeking Indemnification Allegedly Participated in the Wrong-Doing
On May 12, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Boar… Read More
May 9, 2021
Common Law Indemnification Claim Fails When the Putative Indemnitee Settles its Claims
On April 19, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Bo… Read More
January 12, 2021
Court Finds Defendant Bound by Indemnification Provision
On December 23, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
December 6, 2020
Corporate Officers Granted Indemnification Under BCL
On November 25, 2020, the Second Department issued a decision in Federico v. Brancato, 2020 NY Slip … Read More
November 18, 2020
No Entitlement to Indemnification or Advancement In Suit Between Contracting Parties Unless Indemnification Provision Unequivocally Requires It
On November 05, 2020, the First Department issued a decision in Shatz v. Chertok, 2020 NY Slip Op. 0… Read More
October 13, 2020
Court Enforces Contract Provision Granting Prevailing Party Double its Attorneys' Fees
On September 30, 2020, the Second Department issued a decision in Loughlin v. Meghji, 2020 NY Slip O… Read More
June 23, 2020
Trust Entitled to Fees in RMBS Put-Back Action Based on Representation and Warranty Breaches
On May 25, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Pa… Read More
May 13, 2020
Party Whose Liability Was Only Vicarious Entitled to Common Law Indemnification
On April 20, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Sha… Read More
May 5, 2020
Litigant Not Entitled to Indemnification by Contractual Counter-Party Because Contract Was Not Unmistakably Clear
On April 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Hu… Read More
April 17, 2020
Existence of Contract Bars Claim for Equitable Indemnification
On April 13, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Al… Read More
January 3, 2020
Defendant that Engaged in Wrongdoing Not Entitled to Common Law Indemnification
On December 20, 2019, the Fourth Department issued a decision in Board of Educ. of Palmyra-Macedon C… Read More
August 9, 2019
Indemnification Provision Insufficiently Specific to Support Claim in Action Between Contracting Parties
On July 29, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
July 1, 2019
Failure to Give Required Notice Doomed Indemnification Claim
On June 24, 2019, Justice Risi of the Queens County Commercial Division issued a decision in Quantum… Read More
June 11, 2019
Public Policy Does Not Bar Indemnification for Prior Criminal Acts
On June 3, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in Ar… Read More
