Opinion
November 20, 1995
Appeal from the Supreme Court, Dutchess County (Jiudice, J.).
Ordered that the order is reversed, on the law, with costs, and the motion is granted on the condition that the plaintiff recover damages from the appellants in the main action.
The appellants are conditionally entitled to summary judgment, pending determination of the main action, on their claims for common-law and contractual indemnification against the third-party defendant. Any recovery against the appellants in the main action would be based solely on their vicarious liability for the negligence or wrongful acts of the third-party defendant (see, Richardson v Matarese, 206 A.D.2d 354; Dunlap v United Health Servs., 189 A.D.2d 1072). The appellants did not control, direct, or supervise the work performed by the plaintiff, an employee of the third-party defendant (see, Richardson v Matarese, supra; Brown v U.S. Vanadium Corp., 198 A.D.2d 863). Bracken, J.P., Miller, Altman and Florio, JJ., concur.