Opinion
No. 2579.
April 20, 2010.
Order, Supreme Court, New York County (Michael D. Stallman, J.), entered September 9, 2009, which denied the motion of defendants owners Boston Properties, Inc. and Times Square Tower Associates, LLC for summary judgment on their cross claim for contribution and common-law indemnification against defendant general contractor John Gallin Son, Inc., and awarded Gallin summary judgment dismissing the cross claim, unanimously affirmed, without costs.
Law Offices of James J. Toomey, New York (Eric P. Tosca of counsel), for appellants.
Malapero Prisco, LLP, New York (Frank J. Lombardo of counsel), for respondent.
Before: Andrias, J.P., Sweeny, Renwick, Abdus-Salaam and Manzanet-Daniels, JJ.
While the owners, whose liability for plaintiff's injuries was purely statutory, were entitled to contribution or indemnification from the party responsible for the injuries ( Kelly v Diesel Constr. Div. of Carl A. Morse, Inc., 35 NY2d 1), Gallin neither was negligent nor directly supervised and controlled plaintiff's work ( see Reilly v DiGiacomo Son, 261 AD2d 318).
[Prior Case History: 24 Misc 3d 1245(A), 2009 NY Slip Op 51889(U).]