Stephen J. Brooks, Plaintiffs v. Judlau Contracting, Inc., Defendant and Third-Party Plaintiff-Appellant…

Summary

The New York Court of Appeals held that General Obligations Law § 5‑322.1 does not bar a partially negligent general contractor from enforcing an indemnification provision that obligates a subcontractor to indemnify only for the subcontractor's own negligence. Accordingly, the appellate court reversed the dismissal of Judlau Contracting’s third‑party indemnification claim against Thunderbird Constructors and remanded for further proceedings.