Pironi v. City of New York

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered July 18, 1995, which, insofar as appealed from, denied third-party defendants’ motion for summary judgment dismissing the third-party complaint, unanimously affirmed, without costs.

Comparative negligence is not a defense against a Labor Law § 240 (1) claim (Kendall v Venture Dev., 206 AD2d 797, *188799). The problem of "double counting”, the basis of third-party defendants’ argument for reversal, is not involved "where the absolute liability of * * * the contractor [third-party plaintiffs] * * * is based on [its] nondelegable…