N.Y. General Obligations Law § 5-322.1: Agreements exempting owners and contractors from liability for negligence void and unenforceable; certain cases

§ 5-322.1. Agreements exempting owners and contractors from liability

for negligence void and unenforceable; certain cases. 1. A covenant,

promise, agreement or understanding in, or in connection with or

collateral to a contract or agreement relative to the construction,

alteration, repair or maintenance of a building, structure,

appurtenances and appliances including moving, demolition and excavating

connected therewith, purporting to indemnify or hold harmless the

promisee against liability for damage arising out of bodily injury to

persons or damage to property contributed to, caused by or resulting

from the negligence of the promisee, his agents or employees, or

indemnitee, whether such negligence be in whole or in part, is against

public policy and is void and unenforceable; provided that this section

shall not affect the validity of any insurance contract, workers'

compensation agreement or other agreement issued by an admitted insurer.

This subdivision shall not preclude a promisee requiring indemnification

for damages arising out of bodily injury to persons or damage to

property caused by or resulting from the negligence of a party other

than the promisee, whether or not the promisor is partially negligent.

2. A covenant, promise, agreement or understanding in, or in

connection with or collateral to a contract or agreement relative to the

construction, alteration, repair or maintenance of a building,

structure, appurtenances and appliances including moving, demolition and

excavating connected therewith, purporting to condition a

subcontractor's or materialman's right to file a claim and/or commence

an action on a payment bond on exhaustion of another legal remedy is

against public policy and is void and unenforceable; provided that this

subdivision shall not affect the validity of any insurance contract,

workers' compensation agreement or other agreement issued by an admitted

insurer.

3. The provisions of this section shall only apply to covenants,

promises, agreements or understandings in, or in connection with or

collateral to a contract or agreement, as enumerated in subdivision one

hereof, entered into on or after the thirtieth day next succeeding the

date on which it shall have become a law.