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MACRI v. PARK SOUTH ASSOCS.

198 A.D.2d 199 (1993)

604 N.Y.S.2d 92

Paul Macri, Plaintiff, v. Park South Associates et al., Defendants Park South Associates et al., Third-Party Plaintiffs-Appellants, v. G.M. Crocetti, Inc., et al., Third-Party Defendants-Respondents Park South Associates, Inc., et al., Second Third-Party Plaintiffs-Appellants, v. V.A.L. Floors, Inc., et al., Second Third-Party Defendants-Respondents, et al., Second Third-Party Defendant

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

November 30, 1993

A jury having determined that third-party plaintiffs, the owner and general contractor of the construction site, were actively negligent in contributing to plaintiff worker's injuries, they cannot rely on the various subcontactors' agreement to indemnify them, since it is well settled that General Obligations Law § 5-322.1 precludes a contractor from obtaining contractual indemnity to the extent that its own negligence caused an injury (Walsh v Morse Diesel, ...

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