Eldoh v. Astoria Generating Co.
This legal excerpt addresses the standards for establishing contractual indemnification, particularly under Workers' Compensation Law § 11. It emphasizes that a duty to indemnify must be clearly implied from the entire agreement and surrounding circumstances, and such contracts require strict construction. The case involves a motion for summary judgment by Amertech Industries, Inc., a third-party defendant, against AAR Engine Component Services, Inc., a defendant. Amertech argued against the existence of an indemnification clause in their purchase orders, while AAR Engine contended such clauses were present on the reverse side. The court ultimately found that a triable issue of fact exists regarding the indemnification agreement, thereby denying the motion for summary judgment.