New York Court of Appeals

Harry Semanchuck, Respondent v. Fifth Avenue and 37th Street Corporation, Appellant and Respondent; Gotham…

April 22, 1943290 N.Y. 412

Summary

The Court of Appeals affirmed the liability of both the owner and the contractor for violating the nondelegable statutory duty under Labor Law §241, but reversed the appellate court's grant of indemnity to the owner, holding that the indemnity clause did not unequivocally cover liability for the owner's own statutory negligence.