Practice point: The right to contractual indemnification depends upon the specific language of the contract. A promise to indemnify will not be found
unless it can be clearly implied from the language and purpose of the
entire agreement and the surrounding facts and circumstances.
Student note: A contract will be interpreted in accordance with the intent of the parties as expressed in the language of the agreement.
Case: Del Vecchio v. Danielle Assoc., LLC, NY Slip Op 05185 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Assuming the risk of a fall from a horse.
