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BROWN v. TWO EXCH. PLAZA

146 A.D.2d 129 (1989)

Paul Brown et al., Respondents, v. Two Exchange Plaza Partners, Defendant, and George A. Fuller Company, Defendant and Third-Party Plaintiff-Appellant. Heydt Contracting Corp. et al., Third-Party Defendants-Respondents; Heydt Contracting Corporation, Fourth-Party Plaintiff-Respondent; Walter F. Umla, Inc., et al., Fourth-Party Defendants-Respondents

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

April 6, 1989.

Attorney(s) appearing for the Case

Ignatius John Melito of counsel (S. Dwight Stephens with him on the brief; Siff, Rosen & Parker, P. C., and Morris & Duffy, attorneys), for George A. Fuller Company, defendant and third-party plaintiff-appellant.

Theodore H. Rosenblatt of counsel (Rhonda S. DeMeo with him on the brief; Bivona & Cohen, attorneys), for Heydt Contracting Corp., third-party defendant-respondent.

Joseph W. Conklin (Daniel M. Goldfarb with him on the brief), for Central Furring and Dry Wall Company, third-party defendant-respondent.

Mark S. Moroknek of counsel (Ayers & Thompson, attorneys), for A & M Wallboard, third-party defendant-respondent.

KUPFERMAN, J. P., CARRO, ASCH and ROSENBERGER, JJ., concur.

WALLACH, J.

In the construction industry, agreements purporting to indemnify a party against liability for damage caused by his own negligence are void as against public policy (General Obligations Law § 5-322.1). Aside from this statutory prohibition, such agreements — "which are usually `negotiated at arm's length between * * * sophisticated business entities' and which can be viewed as merely...

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