Vail v. 1333 Broadway Associates, L.L.C.

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered May 14, 2012, which, insofar as appealed from as limited by the briefs, granted plaintiff’s motion for partial summary judgment on the issue of liability on his Labor Law § 240 (1) claim, and granted the motion of third-party defendant Sherry Hill Painting Corporation (Sherry Hill) for summary judgment dismissing the third-party contractual indemnification claim, unanimously affirmed, without costs.

Plaintiff was injured when he fell after the six-foot baker’s *637scaffold upon which he was working shifted, despite the fact that he had…