Ordered that the order is reversed, with costs, and the motion for summary judgment is denied.
The parties' indemnification agreement is, on its face, violative of General Obligations Law § 5-322.1, since it impermissibly requires, inter alia, that James A. Smith Contracting, Inc. (hereinafter Smith), indemnify Toys "R" Us for liability arising from acts of negligence of Toys "R" Us (see, Itri Brick & Concrete Corp. v Aetna Cas. & Sur. Co.,...
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