QUEVEDO v. CITY OF NEW YORK


56 N.Y.2d 150 (1982)

Rafael A. Quevedo et al., Plaintiffs, v. City of New York et al., Defendants. V and A Oil Burner Service, Inc., Third-Party Plaintiff, v. DRE Maintenance Corp. et al., Third-Party Defendants. City of New York, Third-Party Plaintiff-Respondent, v. DRE Maintenance Corp. et al., Third-Party Defendants, and Berley Industries, Inc., Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided May 11, 1982.


Attorney(s) appearing for the Case

Herbert Rubin, Edward L. Birnbaum and David B. Hamm for third-party defendant-appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Debbie E. Sreter and Ronald E. Sternberg of counsel), for third-party plaintiff-respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


Chief Judge COOKE.

The question on this appeal is whether a clause in a building maintenance contract requiring the contractor to indemnify the building owner for all liability arising out of or in connection with the contract is unenforceable under former section 5-322.1 of the General Obligations Law (amd L 1981, ch 964). Such a clause is unenforceable under that statute only to the extent that the clause provides...

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