Legal Opinion
Itri Brick & Concrete Corp. v. Aetna Casualty & Surety Co.
New York Court of Appeals
Decided May 13, 1997PublishedCited by 111 opinions
1Opinion of the Court
OPINION OF THE COURT
Wesley, J.
These appeals pose a question left unanswered in Brown v Two Exch. Plaza Partners (76 NY2d 172): whether, and to what extent, an indemnification agreement between a general contractor and subcontractor can be enforced where the general contractor has been found partially negligent in an action brought by an employee of the subcontractor against the gen*790eral. We hold that, because the agreements in question contemplate full, rather than partial, indemnification, the agreements are unenforceable under General Obligations Law § 5-322.1 in the circumstances of these…
2Cases cited7 opinions
- Brown v. Two Exchange Plaza PartnersNew York Court of Appeals · 1990
- Hawthorne v. South Bronx Community Corp.New York Court of Appeals · 1991
- Quevedo v. City of New YorkNew York Court of Appeals · 1982
- Honeoye Central School District v. BerleAppellate Division of the Supreme Court of the State of New York · 1979
- Quain v. Buzzetta Construction Corp.New York Court of Appeals · 1987
2 more not listed; retrieve them via the Exa API.
3Cited by111 opinions
- Correia v. Professional Data Management, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Brooks v. Judlau Contracting, Inc.New York Court of Appeals · 2008
- Naughton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Keating v. Nanuet Board of EducationAppellate Division of the Supreme Court of the State of New York · 2007
- Reilly v. Newireen AssociatesAppellate Division of the Supreme Court of the State of New York · 2003
106 more not listed; retrieve them via the Exa API.