Court of Appeals of New York

In an action seeking indemnification from defendant estate for costs of investigation and declaratory judgment as to future indemnification for potential liability arising from a Department of Environmental Conservation (DEC) investigation of environmental contamination of real property along the Erie Canal, the Appellate Division's judgment for defendants is reversed where a DEC letter to plaintiffs was sufficiently coercive and adversarial as to require indemnification under the disputed indemnification clause.

Appellate Information

• Published 2015/10/20

Judges

• STEIN

Court

• Court of Appeals of New York

Counsel