Who pays and when under New York indemnification law.

This section covers contractual and common-law indemnification principles that routinely arise in New York civil litigation, particularly in construction, premises liability, and commercial disputes. The focus is on how indemnification provisions are interpreted, enforced, limited, or invalidated under New York law, with practical attention to risk transfer between owners, contractors, subcontractors, and insurers.

Posts will examine how New York courts interpret indemnification clauses, apply General Obligations Law § 5-322.1, distinguish defense versus indemnity obligations, and resolve contribution and risk-shifting disputes among owners, contractors, and insurers.

What You’ll Find Here

• Contractual Indemnification Clauses
  How courts interpret indemnification language, including “arising out of,” “resulting from,” and “to the fullest extent permitted by law” provisions
• New York General Obligations Law § 5-322.1
  Enforceability limits on indemnification clauses in construction contracts and common drafting pitfalls
• Common-Law Indemnification
  When indemnity is available based on actual fault, vicarious liability, or supervision and control
• Indemnification in Labor Law Cases
  Risk-shifting strategies in actions involving Labor Law §§ 200, 240(1), and 241(6)
• Triggering Events and Causation Standards
  What it means for a claim to “arise out of” or be “connected to” a party’s work
• Indemnification vs. Contribution
  Key distinctions, pleading requirements, and strategic implications in third-party practice
• Defense and Indemnity Obligations
  Whether indemnification provisions include a duty to defend and how that duty is enforced
• Third-Party Actions and Procedural Strategy
  Practical guidance on impleader, motion practice, and summary judgment involving indemnification claims