Town of Southampton v. Portmann

52 A.D.3d 819 (2d Dept.), lv. denied, 11 N.Y.3d 708 (2008).  We successfully defended our clients against a Town’s contention that they were required to indemnify the Town for damages caused by the flooding of a residential property.  The defendants were beneficiaries of the former owner of the residential property, who had agreed to hold the Town harmless against damage claims relating to the house.  The appellate court agreed with us that the estate beneficiaries were not bound by the terms of the indemnification agreement because they did not own the property, were not parties to the agreement, and the agreement was personal in nature to the former owner.