- SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
- Dec 13 2012 (Date Decided)
- Tom, J.P., Sweeny, Moskowitz, Renwick, Clark, JJ.
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.