Since the complaint in the main action had been dismissed, there was no surviving issue as to whether appellants were entitled to prevail on their third-party claim for indemnification. We note that even if attorneys' fees had been sought in the third-party complaint, they would not have been recoverable since the indemnitor's obligation to reimburse appellants for their attorneys' fees is not "unmistakably clear" from the relied-upon indemnity provision ( see Hooper Assoc. v. AGS Computers, 74 NY2d 487, 492; Utilisave Corp. v. Benjamin Shapiro Realty Co., 282 AD2d 403, lv denied 97 NY2d 677).