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Bush v. City of New York

Savings clause permits indemnification for indemnitee's own negligent conduct.

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Justice Renwick

BUSH v. THE CITY OF NEW YORK — Third-party plaintiff, Access Rentals, moves for leave to reargue this Court’s Decision and Order denying movant’s motion for summary judgment on its contractual indemnification claim against third-party defendant, Kiska Construction. This Court denied the motion as premature because it was unable to determine whether the indemnification agreement violated General Obligations Law §5-322.1, which prohibits a party from seeking indemnification for its own negligence. Leave to reargue must be granted, for in denying the motion for summary judgment, this Court overlooked whether the indemnification agreement is removed from the proscriptive ambit of General Obligations Law §5-322.1 by the inclusion of a qualifying provision in the agreement seeking indemnification “to the fullest extent permitted by the law.”

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