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KOWALEWSKI v. NORTH GENERAL HOSPITAL

266 A.D.2d 114 (1999)

698 N.Y.S.2d 682

ALINA KOWALEWSKI et al., Plaintiffs, v. NORTH GENERAL HOSPITAL et al., Defendants, and BIG APPLE WRECKING AND CONSTRUCTION CORPORATION, Respondent. NORTH GENERAL HOSPITAL, Third-Party Plaintiff, v. SAFEWAY ENVIRONMENTAL CORPORATION, Third-Party Defendant-Appellant. CROW CONSTRUCTION CO./BECOM REAL, INC., Second Third-Party Plaintiff, v. SAFEWAY ENVIRONMENTAL CORPORATION, Second Third-Party Defendant-Appellant.

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

Decided November 23, 1999.

The indemnification clause in dispute provides indemnity only to the extent of loss caused by the negligent acts of the subcontractor and/or its agents and is, therefore, enforceable under General Obligations Law § 5-322.1 (1) (see, Itri Brick & Concrete Corp. v Aetna Cas. & Sur. Co., 89 N.Y.2d 786, 795, n 5).

Having failed to file a notice of appeal, Big Apple's argument...

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