Legal Opinion

Brown v. Two Exchange Plaza Partners

New York Court of Appeals

Decided June 7, 1990PublishedCited by 238 opinions

1Opinion of the Court

OPINION OF THE COURT

Simons, J.

The general contractor in this building construction case has been held liable to a worker injured in the performance of a subcontractor’s work solely by reason of Labor Law § 240 (1). The subcontractor had agreed to indemnify the contractor for such liability and the issue submitted is whether General Obligations Law § 5-322.1 bars enforcement of that provision in their contract. We hold that the indemnification agreement is enforceable under these circumstances, in which there has been no finding of negligence on the part of the general contractor, and…

2Cases cited12 opinions

  1. Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
  2. Bland v. ManocherianNew York Court of Appeals · 1985
  3. Guzman v. Haven Plaza Housing Development Fund Co.New York Court of Appeals · 1987
  4. Koenig v. Patrick Construction Corp.New York Court of Appeals · 1948
  5. Mas v. Two Bridges AssociatesNew York Court of Appeals · 1990

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3Cited by238 opinions

  1. Kinney v. G. W. Lisk Co.New York Court of Appeals · 1990
  2. Correia v. Professional Data Management, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  3. Itri Brick & Concrete Corp. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1997
  4. Auriemma v. Biltmore Theatre, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  5. General Star National Insurance v. Universal Fabricators, Inc.Court of Appeals for the Second Circuit · 2009

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