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GREAT NORTHERN INSURANCE COMPANY v. INTERIOR CONSTRUCTION CORP.

18 A.D.3d 371 (2005)

796 N.Y.S.2d 51

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.

May 26, 2005.

While lease provisions purporting to exempt a lessor from liability for its own negligence are void as against public policy (General Obligations Law § 5-321), where, as here, sophisticated parties negotiating at arm's length have agreed to "allocat[e] the risk of liability to third parties between themselves, essentially through the employment of insurance," that agreement is enforceable (Hogeland v Sibley, Lindsay & Curr Co., 42 N.Y.2d 153...

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