The right to contractual indemnification depends on the specific language of the contract at issue. 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 circumstances. The Appellate Division notes that, in addition, a party seeking contractual indemnification pursuant to a contract relative to the construction of a building must prove itself free from negligence, because to the extent its negligence contributed to the accident, it cannot be indemnified therefor, pursuant to General Obligations Law § 5-322.
Mogrovejo v. HG Hous. Dev. Fund Co., Inc., NY Slip Op 04300 (2d Dep't July 6, 2022)
