New York Court of Appeals
Paul Brown v. Two Exchange Plaza Partners, and George A. Fuller Company, and Third-Party Plaintiff-Respondent. Heydt…
June 7, 199076 N.Y.2d 172
Summary
The New York Court of Appeals affirmed the Appellate Division, holding that the indemnification clause in the contract between the general contractor Fuller and subcontractor A & M is enforceable despite General Obligations Law § 5-322.1 because Fuller was not negligent and liability under Labor Law § 240(1) is not negligence; the court also rejected indemnity claims against Heydt and Central Furring.