TISHMAN CONSTR. CORP. OF NEW YORK v. CNA INS. CO.


236 A.D.2d 211 (1997)

652 N.Y.S.2d 742

Tishman Construction Corporation of New York et al., Appellants, v. CNA Insurance Company et al., Respondents

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

February 4, 1997


The motion court erred in applying General Obligations Law § 5-322.1's bar against contractual indemnification clauses to the insurance procurement clause at issue here, which is not barred (Morel v City of New York, 192 A.D.2d 428; Kinney v Lisk Co., 76 N.Y.2d 215, 218). With regard to the latter type of contractual provision, the alleged negligence of Tishman is irrelevant, as a matter...

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