JACKSON v. CITY OF NEW YORK


38 A.D.3d 324 (2007)

831 N.Y.S.2d 176

DENNIS JACKSON, Respondent, v. CITY OF NEW YORK, Defendant, and PMS CONSTRUCTION MANAGEMENT, Respondent. (And a Third-Party Action.) PMS CONSTRUCTION MANAGEMENT, Second Third-Party Plaintiff-Respondent, v. UNISYS ELECTRIC INC. et al., Second Third-Party Defendants-Appellants.

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

Decided March 15, 2007.


The contractual indemnification provision asserted by PMS is not voided by operation of General Obligations Law § 5-322.1, since the provision contains the requisite language limiting the subcontractor's obligation to that permitted by law (see Dutton v Pankow Bldrs., 296 A.D.2d 321, 322 [2002], lv denied 99 N.Y.2d 511 [2003]).

Plaintiff, who is not an appellant herein...

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