Newman v. Town of York
Opinion of the Court
The indemnity agreement need not contain express language referring to the negligence of the indemnitee. All that is required is that "the intention to indemnify can be clearly implied from the language and purposes of the entire agreement, and the surrounding facts and circumstances” (Margolin v New York Life Ins. Co., 32 NY2d 149, 153). The indemnity clause in the contract executed by P. S. Bruckel, Inc. provides that the contractor shall perform all work in compliance with "all * * * state laws * * * which in any manner affect the work * * * and the Contractor shall indemnify and save harmless the Owner and its officers and agents against any claim or liability arising from or based on the violation of any such laws, ordinances or regulations.” This provision clearly evinces the intention that the contractor is to indemnify the agent of the owner, Larsen Engineers, from any liability Larsen may incur because of a violation of any State statute, including a violation of section 240 of the Labor Law. (Appeal from order of Supreme Court, Livingston County, Houston, J. — Labor Law § 240.) Present — Dillon, P. J., Boomer, Pine, Balio and Lawton, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.