TATE v. CLANCY-CULLEN STORAGE CO., INC.


178 A.D.2d 292 (1991)

Harold Tate et al., Plaintiffs, v. Clancy-Cullen Storage Co., Inc., Sued Herein as Clancy & Cullen Storage Co., Inc., Defendant and Third-Party Plaintiff-Appellant. AFA Protective Systems, Inc., Third-Party Defendant-Respondent

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

December 17, 1991


This appeal raises a public policy question of whether a contractor and employer may, by written agreement, shift liability for injuries sustained by its employee to the owner of the property where the work is performed or whether such a provision is barred by sections 5-322.1 or 5-323 of the General Obligations Law.

Plaintiff Harold Tate was injured in a fall from a ladder while installing an alarm system on the premises of defendant and third-party plaintiff Clancy...

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