Itri Brick & Concrete Corp. et al., Appellants,
v.
Aetna Casualty & Surety Company, Respondent, et al., Defendants.
Charles Stottlar, Plaintiff,
v.
Ginsburg Development Corp. et al., Defendants. (And a Second and Third-Party Action.) W.C. Shopovick & Co., Inc., Fourth-Party Plaintiff,
v.
State Insurance Fund, Fourth-Party Defendant-Respondent, and CNA Insurance Company, Fourth-Party Defendant-Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 25, 1997
Decided May 13, 1997.
Attorney(s) appearing for the Case
Herzfeld & Rubin, P. C., New York City (David B. Hamm, Herbert Rubin and Miriam Skolnik of counsel), and James P. O'Connor for appellants in the first above-entitled action.
Michael Majewski, P. C., Garden City (Michael Majewski and Nicole Norris Poole of counsel), for respondent in the first above-entitled action.
Ahmuty, Demers & McManus, Albertson (Frederick B. Simpson, Debra A. Edwards and James A. Edwards of counsel), for fourth-party defendant-appellant in the second above-entitled action.
Mark Slotkin, New York City, James P. O'Connor and Raymond C. Green for fourth-party defendant-respondent in the second above-entitled action.
Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE and CIPARICK concur; Judge TITONE taking no part.
Court of Appeals of the State of New York.
WESLEY, J.
These appeals pose a question left unanswered in Brown v Two Exch. Plaza Partners (76 N.Y.2d 172): whether, and to what extent, an indemnification agreement between a general contractor and subcontractor can be enforced where the general contractor has been found partially negligent in an action brought by an employee of the subcontractor against the general...
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