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TAPIA v. 126 FIRST AVENUE, L. L. C.

282 A.D.2d 220 (2001)

724 N.Y.S.2d 29

ALEJANDRO TAPIA, Plaintiff, v. 126 FIRST AVENUE, L. L. C., Appellant-Respondent, and KINTA CORP., Respondent-Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 5, 2001.

As an owner without direction, control, or other supervisory authority over the work site at which plaintiff was injured, 126's liability pursuant to Labor Law § 240 (1) was purely vicarious. It was therefore entitled to full common-law indemnification from the actively negligent contractor, Kinta (see, Kelly v Diesel Constr. Div., 35 N.Y.2d 1, 6-7). Although Kinta, in opposition to 126's cross motion for summary judgment upon...

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