Eversfield v. Bush Hollow Realty – Case Brief Summary (New York)

In Eversfield v. Bush Hollow Realty, 75 AD3d 492, 904 N.Y.S.2d 759 (2d Dep't 2010), the Second Department denied a subcontractor's motion for summary judgment on the general contractor's contractual indemnification claim against it.

The court stated that "a party is entitled to full contractual indemnification provided that the intention to indemnify can be clearly implied from the language and purposes of the entire agreement and the surrounding facts and circumstances.'" 75 A.D.3d at 493.