New York Laws
Title 3 - Certain Prohibited Contracts and Provisions of Contracts
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.