Fraioli v. St. Joseph's Seminary

Order, Supreme Court, Bronx County (Dianne Renwick, J.), *281entered December 19, 2002, which, to the extent appealed from, denied the motion of defendants St. Joseph’s Seminary and the Archdiocese for summary judgment on contractual and common-law indemnification against defendant Fitzgerald, unanimously affirmed, without costs.

Although there is no evidence of appellants’ negligence or supervision of the work sufficient to hold them other than vicariously liable under Labor Law § 240 (1), they have failed to present proof to establish general contractor Fitzgerald’s negligence, which is…