Opinion
Argued January 7, 1982
Decided February 9, 1982
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH S. CALABRETTA, J.
Lawrence Vincent Kelly and Andrew J. Maloney for appellants.
Bettina B. Plevan, Edward Silver, I. Philip Sipser and Susan Martin for respondents.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
On the limited issues before this court, we agree with the Appellate Division that the plaintiffs have a contractual right to indemnification. Although the appellants urge that indemnification is only required when the litigation is initiated by third parties, the agreement does not expressly provide this nor can such a limitation be implied by a fair reading of its terms.
Chief Judge COOKE and Judges JASEN, GABRIELLI, WACHTLER and FUCHSBERG concur; Judges JONES and MEYER taking no part.
Order affirmed, with costs, in a memorandum.