Opinion
January 17, 1995
Appeal from the Supreme Court, Kings County (Vaccaro, J.).
Ordered that the order is reversed, on the law, the plaintiff's motion for partial summary judgment as to liability is granted, the defendant third-party plaintiff's cross motion for summary judgment as to indemnity is granted, and the matter is remitted to the Supreme Court, Kings County, for a trial as to damages; and it is further,
Ordered that the plaintiff is awarded one bill of costs, payable by the defendant; and it is further,
Ordered that the defendant is awarded one bill of costs, payable by the third-party defendant.
The Supreme Court erred in denying the plaintiff's motion for partial summary judgment on the issue of liability under Labor Law § 240 (1), because it was undisputed that the plaintiff was injured while renovating a building when he fell from an unsecured ladder which slipped (see, Bryan v. City of New York, 206 A.D.2d 448; Whalen v. Sciame Constr. Co., 198 A.D.2d 501; Figueroa v. Manhattanville Coll., 193 A.D.2d 778). Furthermore, the defendant third-party plaintiff established that it was entitled to common-law indemnity from the third-party defendant, the plaintiff's employer, as the defendant third-party plaintiff did not direct or control the third-party defendant's work. The third-party defendant had complete control over the plaintiff's work and supplied the ladder which slipped and caused the plaintiff's injuries (see, Richardson v. Matarese, 206 A.D.2d 354; McNair v. Morris Ave. Assocs., 203 A.D.2d 433; Edlin v. Glinsky, 154 A.D.2d 648). Mangano, P.J., Balletta, O'Brien and Hart, JJ., concur.