8800. UBS SECURITIES LLC, Plaintiff-res-ap, v. RAE SYSTEMS INC., Defendant-Appellant-res Kaplan Rice LLP, New York (Justin M. Garbaccio of counsel), for appellant-res — Miller & Wrubel P.C., New York (Joel M. Miller of counsel), for res-res — Order, Supreme Court, New York County (Jeffery K. Oing, J.), entered on or about February 28, 2012 which denied defendant-appellant's motion to dismiss pursuant to CPLR 3211, and granted plaintiff's cross motion for summary judgment insofar as finding that the parties' agreement included a right to indemnification of plaintiff for its attorney's fees, but denied the cross motion insofar as it sought pay of a discretionary bonus, unanimously modified, on the law, to grant the motion to dismiss the complaint, and otherwise affirmed, without costs. The Clerk is directed to enter judgment dismissing the complaint.
UBS SECURITIES LLC, Plaintiff-res-ap, v. RAE SYSTEMS INC., Defendant-Appellant-res
SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 17, 2012