¶1—Order unanimously reversed on the law with costs and cross motion granted. Memorandum: Supreme Court erred in failing to grant the cross motion for summary judgment of Gamble Distributors, Inc., incorrectly sued as Gamble Machine, Inc. (Gamble). As the owner of the premises, Gamble is only vicariously liable to an injured worker under Labor Law § 240 (see, Pietsch v Moog, Inc., 156 AD2d 1019, 1020). Gamble submitted evidentiary proof in admissible form that it did not exercise any control or supervision over plaintiff and the work project. Under those circumstances, Gamble is entitled to a conditional judgment of indemnification against Creg Systems Corp. (see, Schultz v Harrison Radiator Div., 209 AD2d 956 [decided herewith]; Stimson v Lapp Insulator Co., 186 AD2d 1052; Pietsch v Moog, Inc., supra).(Appeal from Order of Supreme Court, Jefferson County, Gilbert, J.—Summary Judgment.) Present—Denman, P. J., Green, Fallon, Callahan and Boehm, JJ.
209 A.D.2d 957
Mount v. Gamble Machine, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1994
Appellate Division of the Supreme Court of the State of New York · decided 1994-11-16
Good law ✅— No negative treatment on recordhow we know
Decided 1994-11-16
How this case has been cited
Cited by 6 later decisions — most recently March 2011
1 federal appellate · 1 state decisions
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