Andrew Kaye Obtains Reversal of Decision Failing to Dismiss Claims for Contractual Indemnity

June 1, 2021

We represent the employer in a Labor Law claim wherein the general contractor sought, inter alia, contractual indemnity from the employer.  On our motion for summary judgment in Supreme Court, Bronx County, we argued that the contract upon which the general contractor sought contractual indemnity was void as against public policy pursuant to GOL § 5-322.1. In sum, we argued the contract required our client (the employer) to indemnify the general contractor for its own negligence.  The Supreme Court denied our motion and we took an appeal. On Appeal, the Appellate Division, First Department, reversed the Supreme Court agreeing with our position and held the contractual indemnity language void.  This is a significant ruling for our client whose assets could have been at risk if contractually obligated to indemnify the remaining defendants in what may end up being a high exposure case in Supreme Court, Bronx County.