Salka, Brown K, Simpson, Tague, DeStefano, Giglio JM, Angelino, Manktelow
 
MLTSPNSR
 
Amd §5-101, add §5-319, Gen Ob L
 
Declares provisions, in snow removal and de-icing service contracts, requiring the service provider to indemnify the recipient of the services for damages arising out of such recipient's acts or omissions, to be null and void.
STATE OF NEW YORK
________________________________________________________________________
4788
2021-2022 Regular Sessions
IN ASSEMBLY
February 8, 2021
___________
Introduced by M. of A. B. MILLER -- read once and referred to the
Committee on Judiciary
AN ACT to amend the general obligations law, in relation to making
certain agreements in snow removal and ice control services void and
unenforceable
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 5-101 of the general obligations law is amended by
2 adding three new subdivisions 5, 6 and 7 to read as follows:
3 5. As used in section 5-319 of this article, the term "service provid-
4 er" means any person or entity which provides services pursuant to a
5 snow removal and ice control services contract.
6 6. As used in section 5-319 of this article, the term "service receiv-
7 er" means any person or entity which receives services pursuant to a
8 snow removal and ice control services contract.
9 7. As used in section 5-319 of this article, the term "snow removal
10 and ice control services contract" means a contract or agreement which
11 provides for the performance of any of the following:
12 a. plowing, shoveling, or other removal of snow or other mixed precip-
13 itation from a surface;
14 b. de-icing services;
15 c. any service incidental to a service described in paragraph a or b
16 of this subdivision, including the operating or moving of snow removal
17 or de-icing equipment or materials.
18 § 2. The general obligations law is amended by adding a new section
19 5-319 to read as follows:
20 § 5-319. Agreements requiring snow removal and ice control service
21 providers to indemnify service receivers for negligence void and unen-
22 forceable. Every covenant, agreement or understanding in or in
23 connection with or collateral to any snow removal and ice control
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08821-01-1
A. 4788 2
1 services contract, which provides any of the following, shall be deemed
2 to be void as against public policy and wholly unenforceable:
3 1. requires or has the effect of requiring a service provider to
4 indemnify a service receiver for damages resulting from the acts or
5 omissions of such service receiver, or its employees or agents;
6 2. requires or has the effect of requiring a service provider to hold
7 a service receiver harmless from any tort liability for damages result-
8 ing from the acts or omissions of such service receiver, or its employ-
9 ees or agents; or
10 3. requires or has the effect of requiring a service provider to
11 defend a service receiver against any tort liability for damages result-
12 ing from the acts or omissions of such service receiver, or its employ-
13 ees or agents.
14 § 3. This act shall take effect immediately.