Opinion
December 1, 1998
Appeal from the Supreme Court, Bronx County (George Friedman, J.).
The motion court erred in denying plaintiffs' cross motion for summary judgment on their cause of action pursuant to section 240 Lab. (1) of the Labor Law. Plaintiffs established that the injury was the direct result of a gravity-related accident in which an unsecured metal beam fell onto a scaffold that was inadequate to protect plaintiff from harm ( Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494; Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509; Litizia v. Woodner Co., 150 A.D.2d 274).
Likewise, the IAS Court erred in denying defendants' motion for summary judgment against Troland on their cause of action for common-law indemnity. Defendants did not exercise any control or supervision over the subject construction. It is undisputed that employees of Troland removed bricks that had held the metal beam in place and then failed to secure the steel in any manner before allowing plaintiff to commence work. Accordingly, defendants are entitled to common-law indemnity from Troland ( Rodriguez v. Metropolitan Life Ins. Co., 234 A.D.2d 156).
Concur — Lerner, P. J., Sullivan, Nardelli and Rubin, JJ.