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Delphi Easter Partners v. Prickett, Jones

Appellate Division of the Supreme Court of New York, First Department
Feb 27, 1996
224 A.D.2d 349 (N.Y. App. Div. 1996)

Opinion

February 27, 1996

Appeal from the Supreme Court, New York County (Ira Gammerman, J.).


Plaintiff's allegations that defendant failed to advise it of its exposure to indemnification of the defendants in the underlying Delaware litigation for their counsel fees and legal costs should the latter prevail therein, and also failed to disclose the existence of a conflict of interest in its simultaneous representation of the other plaintiff in that litigation, were properly rejected for lack of merit. There is no indication of any such conflict, and, assuming that defendant did not warn plaintiff of the indemnification risk, it is, given the history of the agreements between the parties to the Delaware litigation, inconceivable that plaintiff's principal was unaware of the indemnification clause. We have considered plaintiff's remaining arguments and find them to be without merit.

Concur — Sullivan, J.P., Milonas, Rosenberger, Kupferman and Nardelli, JJ.


Summaries of

Delphi Easter Partners v. Prickett, Jones

Appellate Division of the Supreme Court of New York, First Department
Feb 27, 1996
224 A.D.2d 349 (N.Y. App. Div. 1996)
Case details for

Delphi Easter Partners v. Prickett, Jones

Case Details

Full title:DELPHI EASTER PARTNERS LIMITED PARTNERSHIP, Appellant, v. PRICKETT, JONES…

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

Date published: Feb 27, 1996

Citations

224 A.D.2d 349 (N.Y. App. Div. 1996)
638 N.Y.S.2d 4