Practice point: A party is entitled to full contractual indemnification provided that the intention to indemnify can be clearly implied from the language and purposes of the entire agreement and the surrounding facts and circumstances.
Student note: The party must prove itself free from negligence, because to the extent its negligence contributed to the accident, it cannot be indemnified therefor.
Case: Baillargeon v. Kings County Waterproofing Corp., NY Slip Op 00315 (2d Dept. 2012).
Monday’s issue: Labor Law.
