Diudone v. City of New York
Cases that cite this one
4 later published cases cite this decision.
- Cuellar v. City of New York (Appellate Division of the Supreme Court of New York 2016)
- Ciaravino v. Bulldog National Logistics, LLC (Appellate Division of the Supreme Court of New York 2017)
- Ciaravino v. Bulldog National Logistics, LLC (Appellate Division of the Supreme Court of New York 2017)
- Simone v. Liebherr Cranes, Inc. (Appellate Division of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Contrary to DiFazio’s contention, Verizon is entitled to indemnification for attorneys’ fees and costs incurred in the defense of this action. This action arises out of DiFazio’s “actual or alleged acts or omissions,” and the plain and unambiguous terms of the contract do not condition DiFazio’s obligation to indemnify Verizon for attorneys’ fees and costs incurred in the defense of this action on a finding of fault (see Sand v City of New York, 83 AD3d 923 [2011]; McCleary v City of Glens Falls, 32 AD3d 605, 609 [2006]; Pope v Supreme-K.R.W. Constr. Corp., 261 AD2d 523, 524-525 [1999]; DiPerna v American Broadcasting Cos., 200 AD2d 267, 269-270 [1994]; Vamukaris v City of New York, 21 Misc 3d 1148[A], 2008 NY Slip Op 52555[U] [2008]). Accordingly, the Supreme Court properly granted that branch of Verizon’s motion which was for summary judgment on its cross claim for contractual indemnification with respect to attorneys’ fees and costs incurred in the defense of this action.
DiFazio’s remaining contention is without merit. Skelos, J.E, Belen, Hall and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.