The New York Court of Appeals will hear oral arguments in Rodrigues v. N & S Building Contractors, Inc., concerning whether the contractual indemnification exception to Workers’ Compensation Law section 11  requires specific language.  The Appellate Division, Third Department held that the indemnity provision in the subject general contractor/subcontractor contract was not enforceable because it did not expressly or unambiguously state that the subcontractor was required to indemnify the general contractor for the injuries of the subcontractor’s employees incurred within the scope of their employment.

Disclosure:  I will be arguing this appeal; therefore, I will not be posting any analysis of this case until after oral arguments.