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COLOZZO v. NATIONAL CENTER FOUNDATION, INC.

30 A.D.3d 251 (2006)

817 N.Y.S.2d 256

JOSEPH COLOZZO et al., Plaintiffs, v. NATIONAL CENTER FOUNDATION, INC., Now Known as MURRAY HILL PLACE, INC., et al., Defendants. NATIONAL CENTER FOUNDATION, INC., Now Known as MURRAY HILL PLACE, INC., Third-Party Plaintiff, and TISHMAN CONSTRUCTION CORPORATION OF NEW YORK, Third-Party Plaintiff-Respondent, v. HERITAGE AIR SYSTEMS, INC., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

June 15, 2006.

Although on its face, the indemnity provision relied upon by Tishman runs afoul of General Obligations Law § 5-322.1, Tishman may nonetheless enforce it since the evidence established that plaintiff's injuries were not attributable to negligence on its part and that its liability was vicarious and purely statutory (see Brown v Two Exch. Plaza Partners, 76 N.Y.2d 172, 180 [1990];

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