DECISION ORDER
ORDERED that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was for summary judgment on the second cross claim for contractual indemnification and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.
Pursuant to General Obligations Law § 5-322.1, any construction contract purporting to indemnify a party for its own negligence is void and unenforceable, although contracts requiring parties to procure insurance are not similarly void (see, Kinney v. Lisk Co., 76 N.Y.2d 215 ). Consequently, a party to a contract who is a beneficiary of an indemnification provision must prove itself to be free of negligence; to any extent that the negligence of such a party contributed to the accident, it cannot be indemnified therefor (see, Kennelty v. Darlind Constr., 260 A.D.2d 443 ; Stein v. Yonkers Contr., 244 A.D.2d 476 ; Dawson v. Pavarini Constr. Co., 228 A.D.2d 466 ). In the instant case, the defendant County of Westchester failed to establish its freedom from fault so as to entitle it to summary judgment on its cross claim for contractual indemnification (see, American Ref-Fuel Co. v. Resource Recycling, 248 A.D.2d 420, 423 ; McGill v. Polytechnic Univ., 235 A.D.2d 400 ; Dawson v. Pavarini Constr. Co., supra; cf., Kennelty v. Darlind Constr., supra). Thus, the Supreme Court erred in granting that branch of the County's motion which was for summary judgment on that cross claim.
The appellant's remaining contentions are without merit.