Rodrigues v. N & S Building Contractors, Inc.

OPINION OF THE COURT

Chief Judge Kaye.

Workers’ Compensation Law § 11 prohibits third-party *430indemnification or contribution claims against employers, except where the employee sustained a “grave injury,” or the claim is “based upon a provision in a written contract entered into prior to the accident or occurrence by which the employer had expressly agreed to contribution to or indemnification of the claimant or person asserting the cause of action for the type of loss suffered.” This appeal centers on the latter exception, in particular whether the parties’ agreement satisfied statutory…