New York Court of Appeals
Itri Brick & Concrete Corp. v. Aetna Casualty & Surety Company, , Defendants Charles Stottlar v. Ginsburg…
May 13, 199789 N.Y.2d 786
Summary
The Court held that full‑indemnification agreements between a general contractor and subcontractor are unenforceable under General Obligations Law § 5‑322.1 when the general contractor is found partially negligent, affirming that result for Itri Brick & Concrete Corp. and reversing the Appellate Division for Stottlar v. Ginsburg to reinstate the lower court’s judgment of unenforceability.