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 one‑page Insurance, Indemnification and Safety Agreement satisfied Workers' Compensation Law § 11’s written‑contract exception and was sufficiently particular to obligate Caldas Concrete to indemnify N&S for the employee injury. The Court reasoned that the agreement applied to all jobs, including the Jansen Road site, and that the statute does not require site‑specific language. Justice Read dissented, arguing the provision was a generic form that did not constitute an express agreement under the statute.