Martha Hogeland v. Sibley, Lindsay & Curr Co., and the Berenson Corporation

Summary

The New York Court of Appeals held that the indemnity provisions in the lease between Berenson and Sibley are enforceable, granting Berenson a cross‑claim for indemnification despite the landlord’s own negligence, the lease’s Section 5 clause, and General Obligations Law §5‑321. The court reversed the Appellate Division and reinstated the trial court’s judgment.