Digital Broadcast Corp. v. Ladenburg Thalmann & Co. (49 A.D.3d 412, 2008)

The indemnification provision incorporated by reference to and made a part of the contract between plaintiff and defendant is ambiguous and cannot, as a matter of law, be interpreted as providing for reimbursement of defendant’s attorney’s fees in the instant action between the signatories to the contract (see Hooper Assoc. v AGS Computers, 74 NY2d 487 [1989]).

We have considered defendant’s remaining contentions and find them unavailing. Concur-Mazzarelli, J.P., Andrias, Williams, Buckley and Acosta, JJ. [See 2007 NY Slip Op 32593(U).]