Opinion
December 1, 1997
Appeal from the Supreme Court, Queens County (Golar, J.).
Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
An owner or general contractor held vicariously liable under Labor Law § 240 is entitled to full common-law indemnification from an actively negligent subcontractor provided that the owner or general contractor did not direct, control, or supervise the subcontractor's work ( see generally, Dawson v. Pavarini Constr. Co., 228 A.D.2d 466).
Here, however, questions of fact exist as to the defendants NYNEX's and Monarch Construction Corp.'s (hereinafter Monarch) control and/or supervision over safety measures employed by the third-party defendant Powerhouse Sheet Metal Company, Inc. ( cf., Fusaro v. Sunnydale Estates, 221 A.D.2d 414; McNair v. Morris Ave. Assocs., 203 A.D.2d 433, 435; Richardson v. Matarese, 206 A.D.2d 354).
The remaining contentions by Monarch, are improperly raised for the first time on appeal or are without merit.
Rosenblatt, J. P., Miller, Copertino and Goldstein, JJ., concur.