BARDOUILLE v. AMSTERCO


161 A.D.2d 197 (1990)

Rudolph Bardouille et al., Respondents, v. Amsterco, Appellant and Third-Party Plaintiff-Appellant. A & S Structures, Third-Party Defendant-Respondent

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

May 3, 1990


While we recognize the inapplicability of General Obligations Law § 5-322.1, barring enforcement of an indemnification agreement in favor of a general contractor which may have been liable (Brown v Two Exch. Plaza Partners, 146 A.D.2d 129), there is no merit to defendant's claim that third-party defendant failed to meet its burden of coming forward with proof that defendant was negligent. The record supports the conclusion that...

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