Opinion
November 13, 1995
Appeal from the Supreme Court, Suffolk County (Cohalan, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The evidence clearly establishes that the owner and the general contractors of the construction project where the infant plaintiff was injured neither controlled nor supervised the construction procedures or safety measures employed by the third-party defendant, the subcontractor. Thus, they are entitled to common-law indemnification from the third-party defendant (see, McNair v Morris Ave. Assocs., 203 A.D.2d 433; Edlin v Glinsky, 154 A.D.2d 648; see also, Kelly v Diesel Constr. Div., 35 N.Y.2d 1). Bracken, J.P., O'Brien, Ritter, Friedmann and Goldstein, JJ., concur.