In Bush v. Mechanicville Warehouse Corp., 79 AD3d 1327, 912 N.Y.S.2d 768 (3d Dept 2010), the plaintiff employee suffered a brain injury during the course of his employment when he fell from a ladder in the owner's warehouse. After the employee commenced an action alleging negligence and violations of Labor Law 200 against the owner, the owner brought a third-party action against the employer for indemnification based upon an indemnity provision in an expired lease between the third-party plaintiff and an entity related to the third-party defendant. The Appellate Division dismissed the complaint because there was no written express indemnity agreement between the owner and the employer. Id. at 1330. Among other things, the court noted that because the "relevant portions of Workers' Compensation Law 11 were enacted to abrogate employers' liability to third parties for injury to their employees except in the most limited circumstances, the exception 'requiring the indemnification contract to be clear and express furthers the spirit of the legislation.'" Id.