Brown v. Two Exchange Plaza Partners
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Wallach, J.
In the construction industry, agreements purporting to indemnify a party against liability for damage caused by his own negligence are void as against public policy (General Obligations Law § 5-322.1). Aside from this statutory prohibition, such agreements — "which are usually 'negotiated at arm’s length between * * * sophisticated business entities’ and which can be viewed as merely 'allocating the risk of liability to third parties between themselves, essentially through the employment of insurance’ ” (Gross v Sweet, 49 NY2d 102, 108, quoting Hogeland v…
2Cases cited12 opinions
- Russin v. Louis N. Picciano & SonNew York Court of Appeals · 1981
- Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
- Gross v. SweetNew York Court of Appeals · 1979
- Bland v. ManocherianNew York Court of Appeals · 1985
- Guzman v. Haven Plaza Housing Development Fund Co.New York Court of Appeals · 1987
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Urbina v. 26 Court Street Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2007
- Masciotta v. Morse Diesel International, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Morales v. Spring Scaffolding, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Smith v. Cassadaga Valley Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1991
- Holt v. Welding Services, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
19 more not listed; retrieve them via the Exa API.