Edge Management Consulting, Inc. v. Blank, 25 A.D.3d 364 (2006)

Citation: Edge Management Consulting, Inc. v. Blank, 25 A.D.3d 364 (2006)
Parent Document: Edge Management Consulting, Inc. v. Blank, 25 A.D.3d 364 (2006)
Jurisdiction: New York (state)
Effective Date: 2006-01-10
Original Source: https://www.courtlistener.com/opinion/5836114/edge-management-consulting-inc-v-blank/ ↗

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Irmas entered the alteration agreement with the intention of bestowing upon other unit owners a third-party benefit and that benefit inexorably extends to any loss resulting from the renovations to unit 9E. However, “[a]n indemnification agreement will be deemed void and unenforceable if the party seeking indemnification was itself negligent” (Giglio v St. Joseph Intercommunity Hosp., 309 AD2d 1266, 1268 [2003], as amended on reconsideration 2 AD3d 1485 [2003]). The Blank Trust had a duty to maintain unit 8E in good repair under Multiple Dwelling Law § 78 and New York City Administrative Code § 27-2005. Because it failed to do so, the Blank Trust is at least partially negligent and thus may not recover from Irmas without explicit language in the indemnification agreement warranting against such negligence. The Court of Appeals has ruled that “unless the intention of the parties is expressed in unmistakable language, an exculpatory clause will not be deemed to insulate a party from liability for his own negligent acts” (Gross v Sweet, 49 NY2d 102, 107 [1979]; see also Williams v J.P. Morgan & Co. Inc., 248 F Supp 2d 320, 325-326 [SD NY 2003] [under New York law, absent unmistakable and unequivocal language *370exonerating a party from its own negligence, a contract will not be read to indemnify the party against it]).

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