N.Y. General Business Law § 398-e: Indemnity provision in motor carrier transportation contracts

§ 398-e. Indemnity provision in motor carrier transportation

contracts. 1. For the purposes of this section:

(a) "motor carrier transportation contract" means a contract,

agreement or understanding covering:

(i) the transportation of property for compensation or hire by the

motor carrier;

(ii) entrance on property by the motor carrier for the purpose of

loading, unloading or transporting property for compensation or hire; or

(iii) a service incidental to activity described in subparagraph (i)

or (ii) of this paragraph, including, but not limited to, storage of

property.

(b) "promisee" means the promisee and any agents, employees, servants

or independent contractors who are directly responsible to the promisee

except for motor carriers party to a motor carrier transportation

contract with the promisee and such motor carrier's agents, employees,

servants or independent contractors directly responsible to such motor

carrier.

2. Notwithstanding any provision of law to the contrary, a provision,

clause or agreement contained in, collateral to or affecting a motor

carrier transportation contract that purports to indemnify, defend or

hold harmless, or has the effect of indemnifying, defending or holding

harmless, the promisee from or against any liability for loss or damage

resulting from the negligence or intentional acts or omissions of the

promisee is against the public policy of this state and is void and

unenforceable.

3. "Motor carrier transportation contract," as defined in this

section, shall not include the Uniform Intermodal Interchange and

Facilities Access Agreement administered by the Intermodal Association

of North America or other agreements providing for the interchange, use

or possession of intermodal chassis, containers or other intermodal

equipment.