Ortiz-Cruz v. Evers

Order, Supreme Court, Bronx County (Elizabeth A. Taylor, J.), entered July 27, 2016, which granted plaintiffs’ motion for partial summary judgment on the issue of liability on the Labor Law § 240 (1) cause of action, and denied the cross motion of defendant owners for summary judgment on their cross claim for common-law indemnification as against defendant Fiedler Roofing Co. (Fielder), unanimously affirmed, without costs.

The motion court correctly determined that plaintiffs were entitled to partial summary judgment against defendant owners on the issue of section 240 (1) liability because…