Practice point: Where the language is not clear enough to enforce an obligation to indemnify, the court will not rewrite the contract to supply an obligation the parties themselves did not specify.
Students should note that attorney's fees are incidents of litigation, and a prevailing party may not collect except by express agreement, statute or court rule.
Case: Adesso Café Bar & Grill, Inc. v. Burton, NY Slip Op 05710 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Motion practice.
