New York Court of Appeals
Jose Rodrigues, Plaintiffs v. N & S Building Contractors, Inc., Defendant and Third-Party…
October 20, 20055 N.Y.3d 427
Summary
The New York Court of Appeals reversed the Appellate Division and granted summary judgment to N & S Building Contractors, holding that the parties' one‑page Insurance, Indemnification and Safety Agreement satisfied Workers' Compensation Law § 11's written‑contract exception and was sufficiently specific to obligate Caldas Concrete to indemnify N & S for the employee injury. The Court reasoned that the agreement applied to all subcontracted work, including the Jansen Road site, and that the statute does not require site‑by‑site specificity. Justice Read dissented, arguing that the generic indemnity language was not an express agreement under § 11.