Does a plaintiff have to prove that it is "free from any negligence" to obtain indemnification?
"New York", United States of America
The following excerpt is from Kukaj v. 100 Prop. LLC, 2010 NY Slip Op 30439(U) (N.Y. Sup. Ct. 2/11/2010), 2010 NY Slip Op 30439 (N.Y. Sup. Ct. 2010):
indemnification, the one seeking indemnity need only establish that it was free from any negligence...."); Francavilla v. Nagar Const. Co., 151 AD2d 282, 542 NYS2d 557 [1st Dept 1989]).
The indemnification clause at issue provides in relevant part as follows:
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