Henick-Lane, Inc. v Hudson Meridian Constr. Group, LLC

Holding The court affirmed the dismissal of counterclaims for purely economic losses based on an unambiguous indemnity clause that specifically excluded such damages. However, the court reversed the summary judgment regarding costs for security and lost equipment, finding triable issues of fact concerning whether these were consequential damages reasonably contemplated by the parties.

The court’s words

Section 20.1 of the agreement, entitled "Indemnity," unambiguously required Henick-Lane to indemnify Red Apple for all damages and liability

2026 NY Slip Op 05941, at the official text

The agreement, which contained red-line edits, demonstrated that Henick-Lane and Red Apple specifically removed the phrase "any other economic loss" from the indemnification provision.

2026 NY Slip Op 05941, at the official text

Henick-Lane raised a triable issue of fact as to whether the security detail was a consequential damage reasonably contemplated by the parties

2026 NY Slip Op 05941, at the official text