Justice Erika Edwards

Plaintiff moved for partial summary judgment on liability in his action arising from injuries suffered while working on construction site where defendants Cava and McSam were the general contractor and owner,. Cava subcontracted hoist installation to NY Hoist, who subcontracted work to NYC Crane, who employed plaintiff. Defendants filed a third party action against NY Hoist and NYC Crane for indemnification and contribution. Defendants cross-moved for partial summary judgment on liability as, and for summary judgment on their third party action. NY Hoist and NYC Crane moved to dismiss both plaintiff's complaint and defendants' third party complaint. The court denied summary judgment to plaintiff and granted it to defendants and third-party defendants, except as to one of plaintiff's Labor Law claims and granted defendants contractual defense and indemnification against NYC Crane (and against NY Hoist as to Cava only). The court ruled that triable issues existed over how plaintiff's injury occurred and whether it was an elevated-related hazard as contemplated by plaintiff's §240(1) claim. The court further held that defense and indemnification was warranted by the express terms of their contracts with third party defendants.