Practice point: The right to contractual indemnification depends upon the specific language of the contract. A promise to indemnify will not be found unless it can be clearly implied from the language and purpose of the entire agreement and the surrounding facts and circumstances.
Student note: 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 therefor.
Case: Bleich v. Metropolitan Mgt., LLC, NY Slip Op 07808 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: Leave to amend the complaint.
