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DUTTON v. CHARLES PANKOW BUILDERS, LTD.

296 A.D.2d 321 (2002)

745 N.Y.S.2d 520

DONALD DUTTON et al., Respondents, v. CHARLES PANKOW BUILDERS, LTD., Appellant and Third-Party Plaintiff-Respondent-Appellant. BROWNELL STEEL, INC., Third-Party Defendant-Appellant-Respondent.

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

Decided July 2, 2002.

The subcontractor argues that the indemnification clause underlying the general contractor's cause of action for contractual indemnification purports to indemnify the general contractor for its own negligence, contrary to General Obligations Law § 5-322.1, and is therefore void and unenforceable even as to the subcontractor's own negligence (Itri Brick & Concrete Corp. v Aetna Cas. & Sur. Co.,

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