New York Court of Appeals
David W. Chapel, Plaintiffs v. Samuel J. Mitchell, Defendants and Third-Party Plaintiffs-Respondents…
October 27, 199484 N.Y.2d 345
Summary
The Court of Appeals held that an indemnitor may recover attorneys' fees incurred in defending the primary action arising from a Labor Law §240 claim, but may not recover fees incurred in prosecuting a separate common‑law indemnification claim, and remanded the case for a de novo hearing on fees limited to the primary action.