Opinion
October 2, 1995
Appeal from the Supreme Court, Kings County (Krausman, J.).
Ordered that the order is affirmed, with one bill of costs to Ramadani Roofing Co. payable by the cross-appellants appearing separately and filing separate briefs.
The Supreme Court properly found that issues of fact preclude the granting of the parties' respective motions and cross motion for summary judgment on the cause of action under Labor Law § 240 (1) (see, Richardson v. Matarese, 206 A.D.2d 353; Styer v. Vita Constr., 174 A.D.2d 662; Mack v. Altman Stage Light. Co., 98 A.D.2d 468). The court also properly denied the cross-appellants' respective cross motions on the issue of indemnification against the plaintiff's employer, as there are questions of fact as to which parties shared responsibility for this accident (see, Chapel v. Mitchel, 84 N.Y.2d 345; Kelly v. Diesel Constr. Div., 35 N.Y.2d 1; Edholm v. Smithtown DiCanio Org., 217 A.D.2d 569). O'Brien, J.P., Copertino, Santucci and Joy, JJ., concur.