In this recent decision, Rodrigues v. N & S Building Contractors, Inc., the Appellate Division, Third Department held that the idemnity provision in the subject general contractor/subcontractor contract was not enforceable because it did not expressly or unambiguously state that the subcontractor was required to indemnify the general contractor for the injuries of the subcontractor's employees incurred within the scope of their employment. However, Workers' Compensation Law Section 11 does not require contract-based indemnification actions to include specific language in the indemnity provisions. Has the Third Department announced an additional requirement to fall within the ambit of section 11?
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