Karas v. Corning Hospital

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Because third-party defendant has failed to brief on appeal the issue whether Supreme Court erred in granting the cross motion of defendants-third-party plaintiffs for common-law indemnification against it, we deem that issue abandoned (see, Ciesinski v Town of Aurora, 202 AD2d 984).

The court erred in granting plaintiffs’ motion for partial summary judgment on the issue of liability on the Labor Law § 240 (1) claim. There are issues of fact whether the scaffold was…