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NEEDHAM & CO., LLC v. UPHEALTH HOLDINGS, INC.

Index No. 655331/21 Appeal No. 17189 Case No. 2022-01422.

212 A.D.3d 561 (2023)

183 N.Y.S.3d 30

2023 NY Slip Op 00376

Needham & Company, LLC, Appellant, v. UpHealth Holdings, Inc., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 26, 2023.

Attorney(s) appearing for the Case

Pillsbury Winthrop Shaw Pittman LLP, New York (Edward Flanders, of counsel), for appellant.

Simon Lesser PC, New York (Leonard F. Lesser of counsel), and Husch Blackwell LLP, Chicago, IL (Scott J. Helfand of the bar of the State of Wisconsin, admitted pro hac vice, of counsel), for respondents.

Concur—Kapnick, J.P., Moulton, Kennedy, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Margaret Chan, J.), entered February 28, 2020, which granted defendants' motion to dismiss the second cause of action, unanimously affirmed, without costs.

Plaintiff failed to state a claim for breach of an agreement to indemnify and reimburse attorney's fees, as the documentary evidence—that is, the agreement itself—conclusively establishes a defense to that claim (CPLR 3211[a][1]). When a party is not under any...

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