Oscar Gruss & Son, Inc., Plaintiff-Counter-Defendant-Appellee-Cross-Appellant v. Yossie Hollander, Defendant-Counter-Claimant-Appellant-Cross-Appellee

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an indemnification clause applied only to third party suits
• explaining that breach of contract damages for failing to deliver warrants must be the value of those warrants on the date defendant failed to deliver them
• stating that this Court reviews de novo a district court’s determination regarding ambiguity in a contract
• noting that parties to a contract “may agree that attorneys’ fees should be included as another form of damages” for a breach of that contract
• holding under New York law, 20 indemnification provision only applied to third-party suits and thus, did not authorize award of attorney fees between parties to the contract
• observing, in a breach of contract context, that “[a]lthough the amount of recoverable damages is a question of fact, the measure of damages upon which the factual computation is based is a question of law” (internal quotation marks and citation omitted)

Source: CourtListener parenthetical corpus (CC0).