(June 14, 2023, 4:26 PM EDT) -- NEW YORK — A New York appellate panel on June 13 affirmed dismissal of an engineering and construction management firm’s complaint against a subcontractor to recover defense costs it incurred in an underlying arbitration over alleged construction defects, agreeing with the lower court that the firm was not entitled to indemnification from the subcontractor pursuant to the terms of a joint defense and cooperation agreement (JDCA) the two had entered into, but the panel reversed the dismissal of the subcontractor’s insurer from the complaint because the insurer never moved for dismissal....