Edward Austro Et Al. v. Niagara Mohawk Power Corporation

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and judgment granted to Niagara
Mohawk Power Co. (NiMo) on its third-party complaint against third-party defendants Weber Construction Co., Inc., and Kenneth
Begin.
The Appellate Division affirmed the dismissal, following trial, of NiMo's third-party complaint insofar as it demanded indemnification
from Weber for liability arising out of NiMo's gross negligence. The demand was based on an agreement by Weber to indemnify
NiMo for any liability caused by the latter's negligence resulting, in whole or in part, in bodily injury arising out of work
performed by Weber under a construction contract.