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ALESIUS v. GOOD SAMARITAN HOSPITAL MEDICAL AND DIALYSIS CENTER

23 A.D.3d 508 (2005)

806 N.Y.S.2d 635

KEITH ALESIUS et al., Plaintiffs, v. GOOD SAMARITAN HOSPITAL MEDICAL AND DIALYSIS CENTER et al., Defendants and Third-Party Plaintiffs-Appellants. H.T. STEEL ERECTORS, INC., Third-Party Defendant-Respondent.

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

November 21, 2005.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is denied, and the third-party cause of action for contractual indemnification is reinstated.

Pursuant to General Obligations Law § 5-322.1, a clause in a construction contract which purports to indemnify a party for its own negligence is void (see Itri Brick & Concrete Corp. v Aetna Cas. & Sur. Co., 89 N.Y.2d 786

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