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GREAT N INS v. INTERIOR CORP

7 N.Y.3d 412 (2006)

857 N.E.2d 60

823 N.Y.S.2d 765

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

Court of Appeals of New York.

Decided October 19, 2006.

Attorney(s) appearing for the Case

Herzfeld & Rubin, P.C., New York City (David B. Hamm of counsel), and Morris, Duffy, Alonso & Faley, LLP (Yolanda L. Ayala and Kevin G. Faley of counsel), for appellant.

Quirk and Bakalor, P.C., New York City (Richard H. Bakalor of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, READ and R.S. SMITH concur; Judge PIGOTT taking no part.

OPINION OF THE COURT

GRAFFEO, J.

At issue in this case is the enforceability of an indemnification provision in a commercial lease. We conclude that the indemnification clause, which was coupled with an insurance procurement provision, obligates the tenant to indemnify the landlord for its share of liability, and that such a lease provision does not violate General Obligations Law § 5-321. We therefore...

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