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OLIVA v. CITY OF NEW YORK

114 A.D.2d 778 (1985)

Regla D. Oliva, Respondent, v. City of New York, Appellant, and M. Viaggio & Sons, Inc., Respondent City of New York, Third-Party Plaintiff-Appellant, v. M. Viaggio & Sons, Inc., Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

November 14, 1985

Contrary to the claim by the City as appellant, it had no right of full indemnification as against its contractor, M. Viaggio & Sons. Article 7 of the contract, entitled "Protection of Work and of Persons and Property" provides, in the penultimate paragraph, that the contractor will indemnify the City and hold it harmless from any claims and judgments for damages resulting from the negligence or carelessness of the contractor to which the City may be subjected "by reason...

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