¶1Judgment affirmed, without costs. Plaintiff in the primary action could recover only on the theory defendant erected a defective scaffold for plaintiff’s use which, if established, constituted active negligence. There was no indemnification agreement made by the contractor for the benefit of defendant that was couched in unequivocal terms. We pass upon no other question. No opinion.
¶2Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.