8714. CELENE BETANCUR, PLAINTIFF, v. LINCOLN CENTER FOR THE PERFORMING ARTS, INC. def-ap, JDP MECHANICAL, INC., def-res — LINCOLN CENTER FOR THE PERFORMING ARTS, INC. Third-Party plf-ap, v. STARDELTA ELECTRIC, LLC, Third-Party def-res — LINCOLN CENTER FOR THE PERFORMING ARTS, INC. SECOND THIRD-PARTY plf-ap, v. JDP MECHANICAL, INC., SECOND THIRD-PARTY defres — [AND A THIRD THIRD-PARTY ACTION] Mauro Lilling Naparty LLP, Woodbury (Anthony F. DeStefano of counsel), for ap — Ahmutty, Demers & McManus, Albertson (Glenn A. Kaminska of counsel), for JDP Mechanical, Inc., res — Murphy & Higgins LLP, New Rochelle (Richard S. Kaye of counsel), for Star-Delta Electric, LLC, res — McGaw, Alventosa & Zajac, Jericho (Joseph Horowitz of counsel), for Par Specialty Contracting Corp., res — Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered January 11, 2012, which, to the extent appealed from as limited by the briefs, granted plaintiff’s motion for summary judgment as to liability under Labor Law §240(1) as against defendants Lincoln Center for the Performing Arts, Inc. and Lincoln Center Development Project Inc. (together, Lincoln Center) and Integrated Building Controls, Inc. (IBC), granted defendant JDP Mechanical, Inc.’s (JDP) motion for summary judgment dismissing the complaint and all cross claims against it, denied Lincoln Center and the City’s motion for summary judgment on their cross claims for contractual indemnification against JDP, and granted third-party defendant Star-Delta Electric, LLC’s motion for summary judgment dismissing Lincoln Center and the City’s cross claims for contractual indemnification against it, unanimously modified, on the law, to deny JDP’s motion for summary judgment as to the common-law negligence cause of action and the cross claims for common-law and contractual indemnification and contribution against it, to reinstate JDP’s third third-party action, and to grant Lincoln Center and the City’s cross motion to the extent of awarding them conditional summary judgment on their contractual indemnification claim against JDP, and otherwise affirmed, without costs.
Plaintiff testified that the ladder she stood on inexplicably wobbled beneath her, causing her to fall and be injured, and there is no evidence in the record from which it could reasonably be inferred that she was the sole proximate cause of her injuries (see Harrison v. V.R.H. Constr. Corp., 72 AD3d 547 [1st Dept 2010]).
