Hooper Associates v. AGS Computers, Inc

In Hooper Associates v. AGS Computers, Inc., 74 NY2d 487 (1989) the indemnification clause did not contain language clearly permitting the plaintiff to recover attorney's fees in a suit between it and the defendant. The claims set forth in the indemnity provision were "typical of those which contemplate reimbursement when the indemnitee is required to pay damages on a third-party claim." (Hooper Associates v. AGS Computers, Inc., supra, at p. 492.) Therefore, in Hooper Associates v. AGS Computers, Inc., supra, since the claims in the indemnification provision were not "exclusively or unequivocally referable to claims between the parties," the court refused to extend the indemnification provision which had no logical application to a suit between the parties. (Hooper Associates v. AGS Computers, Inc., supra, at p. 487, 549 NYS2d at 365. (