N.Y. General Obligations Law Section 5-323
Agreements exempting building service or maintenance contractors from liability for negligence void and unenforceable

Every covenant, agreement or understanding in or in connection with or collateral to any contract or agreement affecting real property made or entered into, whereby or whereunder a contractor exempts himself from liability for injuries to person or property caused by or resulting from the negligence of such contractor, his agent, servants or employees, as a result of work performed or services rendered in connection with the construction, maintenance and repair of real property or its appurtenances, shall be deemed to be void as against public policy and wholly unenforceable.

Source: Section 5-323 — Agreements exempting building service or maintenance contractors from liability for negligence void and unenforceable, https://www.­nysenate.­gov/legislation/laws/GOB/5-323 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

5‑301
Certain employment contracts void 5‑311
Certain agreements between husband and wife void 5‑321
Agreements exempting lessors from liability for negligence void and unenforceable 5‑322
Agreements exempting caterers and catering establishments from liability for negligence void and unenforceable 5‑322.1
Agreements exempting owners and contractors from liability for negligence void and unenforceable 5‑322.2
Contents of certain construction contracts 5‑322.3
Payment bonds to be filed 5‑323
Agreements exempting building service or maintenance contractors from liability for negligence void and unenforceable 5‑324
Agreements by owners, contractors, subcontractors or suppliers to indemnify architects, engineers and surveyors from liability caused by ... 5‑325
Garages and parking places 5‑326
Agreements exempting pools, gymnasiums, places of public amusement or recreation and similar establishments from liability for negligence... 5‑327
Consumers’ right to recover attorney’s fees in actions arising out of consumer contracts 5‑328
Processing fee by holder of dishonored check 5‑331
Certain covenants and restrictions in conveyances and other agreements affecting real property void as against public policy 5‑332
Unsolicited and voluntarily sent merchandise deemed unconditional gift 5‑333
Validity of oil, gas or mineral land leases 5‑334
Option or right to acquire interest in property 5‑335
Limitation of reimbursement and subrogation claims in personal injury and wrongful death actions 5‑336
Nondisclosure agreements 5‑337
Agreements requiring contractees to waive their rights in relation to expressing certain opinions about contractors void and unenforceable
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 5-323’s source at nysenate​.gov

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