N.Y. Laws » CHAPTER General Obligations / ARTICLE Creation, Definition and Enforcement of Contractual Obligations / TITLE Certain Prohibited Contracts and Provisions of Contracts
New York Consolidated Laws

N.Y. General Obligations Law § 5-321 (2026)

Agreements exempting lessors from liability for negligence void and unenforceable

✓ current as of May 2026
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§ 5-321. Agreements exempting lessors from liability for negligence
void and unenforceable. Every covenant, agreement or understanding in or
in connection with or collateral to any lease of real property exempting
the lessor from liability for damages for injuries to person or property
caused by or resulting from the negligence of the lessor, his agents,
servants or employees, in the operation or maintenance of the demised
premises or the real property containing the demised premises shall be
deemed to be void as against public policy and wholly unenforceable.
Notes of Decisions
Cited in 142 cases (27 in the last 5 years), 1986–2026 · leading case: Great N. Ins. v. Interior Constr. Corp., 857 N.E.2d 60 (N.Y. 2006).
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Great N. Ins. v. Interior Constr. Corp., 857 N.E.2d 60 (N.Y. 2006). · cites it 6× “We conclude that the indemnification clause, which was coupled with an insurance procurement provision, obligates the tenant to indemnify the landlord for its share of liability, and that such a lease provision does not violate General Obligations Law § 5-321. We therefore…”
Castano v. Zee-Jay Realty Co., 55 A.D.3d 770 (N.Y. App. Div. 2d Dep't 2008). · cites it 4× “The Supreme Court dismissed the cross claim on the ground that the indemnification provision of the lease was unenforceable pursuant to General Obligations Law § 5-321. The tenant moved to apportion 100% of the fault to the landlord.”
Howard v. J.A.J. Realty Enter., Ltd., 283 A.D.2d 854 (N.Y. App. Div. 3d Dep't 2001). “Salvation Army’s present arguments that the lease required it to procure an insurance policy that governed JAJ Realty’s own negligence or that the lease provision violates General Obligations Law § 5-321 are not relevant to this specific cross claim.”
Wagner v. Ploch, 85 A.D.3d 1547 (N.Y. App. Div. 4th Dep't 2011). · cites it 6× “to person or property . . . , occasioned wholly or in part by an act .”
Mendieta v. 333 Fifth Avenue Ass'n, 65 A.D.3d 1097 (N.Y. App. Div. 2d Dep't 2009). · cites it 6× “The Supreme Court, in the order appealed from, determined that the clause of the indemnity agreement requiring the tenant to indemnify the landlord was enforceable pursuant to General Obligations Law § 5-321. We disagree.”
Reutzel v. Hunter Yes, Inc., 135 A.D.3d 1123 (N.Y. App. Div. 2016). · cites it 4× “Following service of its answer, Paraco moved for summary judgment dismissing the third-party complaint, contending, among other things, that the indemnification clause relied upon by defendant either was inapplicable or violated the provisions of General Obligations Law §…”
Reade v. 405 Lexington, L.L.C., 22 A.D.3d 108 (N.Y. App. Div. 1st Dep't 2005). · cites it 5× “, or whether such waiver falls within the ambit of General Obligations Law § 5-321, thereby rendering that waiver void as against public policy.”
A To Z Applique Die Cutting, Inc. v. 319 McKibbin Street Corp., 232 A.D.2d 512 (N.Y. App. Div. 2d Dep't 1996). · cites it 6× “” In opposing the motion, the plaintiff asserted that that lease provisions relied upon by the defendant were unenforceable in that they violated General Obligations Law § 5-321. That section provides that language in a provision of a lease "exempting the lessor from liability…”
DiBuono v. Abbey, LLC, 83 A.D.3d 650 (N.Y. App. Div. 2d Dep't 2011). · cites it 2× “Contrary to Palisades’s contention, the indemnification provision in the lease agreement is not rendered unenforceable by General Obligations Law § 5-321, which provides that an agree *653 ment that purports to exempt a lessor from its own negligence is void and unenforceable.”
Reade v. Reva Holding Corp., 30 A.D.3d 229 (N.Y. App. Div. 1st Dep't 2006). · cites it 2× “Indeed, if article 47 (i) (J) were construed, without regard to its context, to apply to all claims, whether or not insured or subject to an insurance requirement under the lease, the clause apparently would violate General Obligations Law § 5-321, which declares “void .”
Lammon v. Bayberry Sq., LLC, 160 N.Y.S.3d 377 (N.Y. App. Div. 3d Dep't 2021). · cites it 6× “, 167 AD3d 1437 , 1441 [2018] [internal quotation marks and citation omitted]), a party's entitlement to contractual indemnification also "hinges upon (1) whether the underlying facts fall within the scope of the indemnification provision in the first instance, and (2) whether…”
Crawford v. Buckner, 839 S.W.2d 754 (Tenn. 1992). · cites it 2× “91 (Smith-Hurd 1987); N.Y. General Obligations Law § 5-321 (McKinney 1989); Md.”
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