In this case involving an indemnification clause in Deloitte’s engagement letter, the appeals court held that “Deloitte cannot seek contractual indemnification as to claims brought against it by Hunnewell because the Engagement Letter does not unmistakably require indemnification of claims brought by a party to the contract (see Hooper Assoc. v AGS Computers, 74 NY2d 487, 491-492 [1989]).  However, that rationale does not apply to preclude Deloitte from seeking indemnification as to the claims brought against it by Park Street, as a third-party beneficiary of the Engagement Letter”. 

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