Wagner v. Ploch

Although I concur in the result reached by my colleagues, I would affirm for a different reason. *1549While I agree that the indemnification clause in the lease in question is unenforceable under General Obligations Law § 5-321, I cannot agree with my colleagues that it is unenforceable based on the clause requiring third-party defendant to indemnify defendant for “any and all liability . . . arising from injury . . . to person or property . . ., occasioned wholly or in part by an act . . . of [third-party defendant or its employees].” Contrary to the conclusion of my colleagues, that clause…