First Department Awards Conditional, Partial Contractual Indemnification

In Maggio v. 24 W. 57 APF, LLC, the First Department awarded conditional, partial contractual indemnification to an owner on a construction site.  In the construction management agreement with its contractor, the owner was to be indemnified "to the fullest extent permitted by law" for liability arising out of the negligence of its contractor.  The Court found that the language would entitle the owner to partial contractual indemnification for the percentage of liability "arising not from its own negligence but rather that of" the contractor.  Since no determination had been made as to either the owner's or the contractor's negligence, the Court merely granted the owner summary judgment on a conditional basis.