We use cookies to customise content for your subscription and for analytics. If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In Zyskind v FaceCake Marketing Technologies, Inc, Index No 65124010 (Sup Ct, NY County, Dec 15, 2010) (“FaceCake Marketing”), Justice Bernard J. Fried granted summary judgment in lieu of complaint to plaintiffs Beryl Zyskind and Joel Gold, holding that ten notes issued to them (the "Notes") on account of investment loans they made to the defendant, FaceCake Marketing Technologies, Inc. ("FaceCake"), were instruments "for the payment of money only."
In Gotham Partners, LP v High River, LP, Index No 60258204 (App Div 1st Dep't July 20, 2010) ("Gotham Partners"), Judge Saxe held that the indemnification clause in a purchase contract did not permit a seller to recover attorneys' fees from a buyer after the seller successfully sued for breach of contract, concluding that the language of the indemnification clause fell short of satisfying the exacting "unmistakable intent" standard set forth by the Court of Appeals in Hooper Assoc
