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  5. 76 N.Y.2d 172 (1990)
 

BROWN v. TWO EXCH. PLAZA

76 N.Y.2d 172 (1990)

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

Court of Appeals of the State of New York.

Decided June 7, 1990.

Attorney(s) appearing for the Case

Anthony J. McNulty and Dudley M. Thompson for third-party defendant-appellant.

Ignatius John Melito and S. Dwight Stephens for defendant and third-party plaintiff-respondent.

Joseph D. Ahearn and Joseph W. Conklin for Central Furring & Dry Wall Company, third-party defendant-respondent.

Theodore H. Rosenblatt for Heydt Contracting Corp., third-party defendant-respondent and fourth-party plaintiff-respondent.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

SIMONS, J.

The general contractor in this building construction case has been held liable to a worker injured in the performance of a subcontractor's work solely by reason of Labor Law § 240 (1). The subcontractor had agreed to indemnify the contractor for such liability and the issue submitted is whether General Obligations Law § 5-322.1 bars enforcement of that provision in their contract. We hold...

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