Indemnification.

Practice point: A party seeking contractual indemnification must prove itself free from negligence, because to the extent its negligence contributed to the accident, it cannot be indemnified.

Student note: If there are no fact issues regarding the indemnitee's active negligence, the court may render a conditional judgment on the issue of indemnity, pending determination of the primary action, in order that the indemnitee may obtain the earliest possible determination as to the extent of reimbursement.

Case: Rodriguez v. Tribeca 105, LLC, NY Slip Op 01667 (2d Dept. 2012).

Here is the decision.

Monday’s issue: Workers’ Compensation.