Keck v. Board of Trustees of Corning Community College

—Order unanimously reversed on the law without *1017costs and motion granted. Memorandum: Supreme Court erred in denying the motion of defendants and third-party plaintiffs (College) for a conditional judgment of common-law indemnification against third-party defendant G.O. Wick Electric, Inc. (Wick). The record establishes that the College is only vicariously liable under the Labor Law and is therefore entitled to common-law indemnification from Wick, which actually supervised, directed and controlled the work that caused the injuries to Daniel J. Keck (plaintiff) (see, Chapel v Mitchell, 84 NY2d…