New York Court of Appeals

David J. Tonking, Plaintiffs v. Port Authority of New York and New Jersey, Defendants. (And a…

December 2, 20043 N.Y.3d 486

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that Bovis was not an "agent" of the Port Authority under the indemnification clause of the renovation contract and therefore not entitled to indemnification. The Court emphasized that indemnity provisions must be expressed unambiguously and strictly construed when the parties have not clearly indicated such an intent.