A contract assuming the duty to indemnify will be strictly construed. Here, the indemnification agreements provided for liability arising out of renovation work to be performed at the premises. The liability asserted in the main action arose prior to the start of the renovation work, and, therefore, was outside the scope of the indemnification agreements. Furthermore, a third-party claim for indemnification is insufficient where the allegations, if proven, would preclude liability on the part of the one asserting the claim for indemnification.
GFE Jerome Ave. LLC v. Steph-Leigh Assoc., LLC, NY Slip Op 02086 (1st Dep't April 1, 2021)
