hold harmless clause (New York) · Go Syfert
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hold harmless clause in New York

6 New York opinions name it 3 courts 1975–2002 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Levine v. Shell Oil Co.green
ny · 1971 · cited in 3 New York opinions naming this issue, 1979–1989
2 sentences

1989(Hogeland v Sibley, Lindsay & Curr Co., supra, at 159; Levine v Shell Oil Co., 28 NY2d 205, 212 [1971]; Kurek v Port Chester Hous.

1984The clause does not discharge Mobil’s obligation to others such as plaintiffs (Levine v Shell Oil Co., 28 NY2d 205 ; Redding v Gulf Oil Corp., 38 AD2d 850 ). it could not exculpate Mobil from liability if it filled the tanks with gasoline, with actual or constructive notice that they leaked.

13

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
County of Onondaga v. U.S. Sprint Communications Co. green
nyappdiv · 1993
1 sentence

2002While the hold harmless clause in the sublease containing the arbitration clause here at issue did benefit Feathered Nest, nothing in the arbitration clause itself suggests that the sublease signatories intended to confer upon Feathered Nest the right to compel arbitration of disputes arising under the sublease (see County of Onondaga v U.S. Sprint Communications Co., 192 AD2d 1108 ).

12002–2002
Inverso v. Whitestone Transit Mix Corp. neutral
nyappdiv · 1968
1 sentence

1991Mix Corp., 30 AD2d 565, 566 ).

11991–1991
Redding v. Gulf Oil Corp. neutral
nyappdiv · 1972
1 sentence

1984The clause does not discharge Mobil’s obligation to others such as plaintiffs (Levine v Shell Oil Co., 28 NY2d 205 ; Redding v Gulf Oil Corp., 38 AD2d 850 ). it could not exculpate Mobil from liability if it filled the tanks with gasoline, with actual or constructive notice that they leaked.

11984–1984
Dole v. Dow Chemical Co. green
ny · 1972
1 sentence

1975Co. ( 30 NY2d 143 ) for common-law negligence and violation of section 240 of the Labor Law as well as a second cause of action for indemnification pursuant to an indemnification agreement and a hold-harmless clause in the subcontract agreement between the contractor and subcontractor.

11975–1975

Where else courts name it

CA 12 (2009–2025) IL 9 (1972–2017) NY 6 (1975–2002) LA 4 (1975–2016) OH 3 (1999–2000) CT 3 (1997–2010) WA 3 (1981–2026) NJ 2 (1998–2017) ND 2 (1991–2002) KS 2 (1982–1995) PA 2 (1993–1998) KY 2 (1999–2014) DE 2 (2017–2020) AK 2 (1981–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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