Brooks v. Judlau Contracting, Inc.
This appeal addresses whether General Obligations Law § 5-322.1 permits a partially negligent general contractor to enforce an indemnification provision against its subcontractor for damages attributable to the subcontractor's negligence. The plaintiff, Stephen J. Brooks, an ironworker employed by subcontractor Thunderbird Constructors, Inc., sustained injuries and sued the general contractor, Judlau Contracting, Inc. Judlau asserted a third-party claim for contractual indemnification against Thunderbird, which was initially dismissed by lower courts on the grounds that Judlau's partial negligence precluded indemnification under the statute. The Court of Appeals reversed, holding that the statute does permit such indemnification as long as the provision does not seek to indemnify the general contractor for its own negligence, but only for that portion attributable to the subcontractor. The court clarified that the phrase 'to the fullest extent permitted by law' limits the subcontractor's obligation to its own negligence, thereby enforcing the indemnification provision and remitting the case for further proceedings.