APPLYING GENERAL OBLIGATIONS LAW TO LEASE AGREEMENTS

Written by Joel M. Simon and Mark S. Yagerman | New York Law Journal | January 26, 2004.

Much has been written about the application of General Obligations Law 5-321 to lease agreements. As a general rule, an entity cannot be indemnified for its own negligence if the nature of the agreement falls under one of the applicable sections of the General Obligations Law.

However, through the recent Court of Appeals decision of Great Northern Insurance Company v. Interior Construction Corp., et al., 7 NY3d 412, 823 NYS2d 765 (2006), the Court of Appeals has reaffirmed its prior 1977 decision of Hogeland v. Sibley, Lindsay & Curr Co., 42 NY2d 153, 397 NYS2d 602 (1977).

Continue Reading

 

New York, NY Office

NEW YORK

111 John Street, 20th Floor
New York, NY 10038

T: 212.964.7400
F: 212.374.1935

 

 

New Jersey Office

NEW JERSEY

92 East Main Street, Suite 402
Somerville, NJ 08876

T: 908.393.7300
F: 908.231.1030

 

 

Long Island Office

LONG ISLAND

200 Old Country Road, Suite 590
Mineola, NY 11501

T: 516.414.7400
F: 516.294.7325