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VEY v. PORT AUTH OF NY & NJ

54 N.Y.2d 221 (1981)

Clarence Vey et al., Plaintiffs, v. Port Authority of New York and New Jersey et al., Defendants. (And a Third-Party Action.) Port Authority of New York and New Jersey, Fourth-Party Plaintiff-Respondent, v. Grand Iron Works, Inc., et al., Fourth-Party Defendants-Appellants. (And a Fifth-Party Action.)

Court of Appeals of the State of New York.

Decided November 23, 1981.

Attorney(s) appearing for the Case

Arthur N. Seiff and Nathan Cyperstein for Grand Iron Works, Inc., fourth-party defendant-appellant.

Steven Di Joseph and Thomas R. Newman for Ermco Erectors, Inc., fourth-party defendant-appellant.

William F. McNulty and Anthony J. McNulty for fourth-party plaintiff-respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

JASEN, J.

The issue on appeal is whether a contractual provision requiring the subcontractor "to hold [the contractor] harmless and to indemnify and protect [the contractor] against all damages, claims or demands arising out of the work covered by this contract" requires indemnification when the contractor is held liable to the owner under an indemnification clause in a separate contract.

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