Brennan v. 42nd Street Development Project, Inc.

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered February 4, 2004, which, to the extent appealed from as limited by the briefs, denied so much of defendants’ motion for summary judgment as sought dismissal of plaintiffs Labor Law § 200 cause of action as against Bovis and so much of the motion as sought summary judgment on their contractual indemnification claims against third-party defendant M. O’Connor Contracting Corp., affirmed, without costs.

Bovis’s project engineer testified that Bovis had a representative of its own safety department on site whose duty was to…