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GREAT NORTHERN INSURANCE COMPANY v. INTERIOR CONSTRUCTION CORP.

15 A.D.3d 298 (2005)

789 N.Y.S.2d 877

GREAT NORTHERN INSURANCE COMPANY, Plaintiff, v. INTERIOR CONSTRUCTION CORP. et al., Defendants, THE DEPOSITORY TRUST & CLEARING CORPORATION, Respondent, and NEW WATER STREET CORPORATION, Appellant. (And a Third-Party Action.)

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

February 22, 2005.

This Court has determined in Delgiudice v Papanicolaou (5 A.D.3d 236 [2004]) that General Obligations Law § 5-321 prevents landlords from being indemnified for their own negligence. Defendant New Water's contention that the statute applies to bar indemnification only in those situations where the landlord seeks to exempt itself from direct claims by its tenants is unavailing (

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