ANDREW ZASTENCHIK, plf-res, v. KNOLLWOOD COUNTRY CLUB, DEFENDANT THIRD-PARTY PLAINTIFFRESPONDENT def; AQUA PLUMBING & HEATING CORP., THIRD-PARTY def-ap

ANDREW ZASTENCHIK, plf-res, v. KNOLLWOOD COUNTRY CLUB, DEFENDANT THIRD-PARTY PLAINTIFFRESPONDENT def; AQUA PLUMBING & HEATING CORP., THIRD-PARTY def-ap — (INDEX NO. 8004/08)In an action to recover damages for personal injuries, the third-party defendant, Aqua Plumbing & Heating Corp., appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Liebowitz, J.), entered July 7, 2011, as denied those branches of its motion which were for summary judgment dismissing the causes of action to recover damages for common-law negligence and violations of Labor Law §§200 and 241(6), in effect, denied that branch of its motion which was for summary judgment dismissing the cause of action to recover damages for a violation of Labor Law §240(1), and granted that branch of the motion of the defendant third-party plaintiff, Knollwood Country Club, which was for summary judgment on its thirdparty cause of action for contractual indemnification.

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ANDREW ZASTENCHIK, plf-res, v. KNOLLWOOD COUNTRY CLUB, DEFENDANT THIRD-PARTY PLAINTIFFRESPONDENT def; AQUA PLUMBING & HEATING CORP., THIRD-PARTY def-ap — (INDEX NO. 8004/08)In an action to recover damages for personal injuries, the third-party defendant, Aqua Plumbing & Heating Corp., appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Liebowitz, J.), entered July 7, 2011, as denied those branches of its motion which were for summary judgment dismissing the causes of action to recover damages for common-law negligence and violations of Labor Law §§200 and 241(6), in effect, denied that branch of its motion which was for summary judgment dismissing the cause of action to recover damages for a violation of Labor Law §240(1), and granted that branch of the motion of the defendant third-party plaintiff, Knollwood Country Club, which was for summary judgment on its thirdparty cause of action for contractual indemnification.

ORDERED that order is modified, on the law, (1) by deleting the provisions thereof denying that branch of the motion of the third-party defendant, Aqua Plumbing and Heating Corp., which was for summary judgment dismissing the cause of action to recover damages for violation of Labor Law §241(6), and, in effect, denying that branch of the motion of the third-party defendant, Aqua Plumbing and Heating Corp., which was for summary judgment dismissing the cause of action to recover damages for a violation of Labor Law §240(1), and substituting therefor provisions granting those branches of the motion, and (2) by deleting the provision thereof granting that branch of the motion of the defendant third-party plaintiff, Knollwood Country Club, which was for summary judgment on its third-party cause of action for contractual indemnification, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

ANDREW ZASTENCHIK, plf-res, v. KNOLLWOOD COUNTRY CLUB, DEFENDANT THIRD-PARTY PLAINTIFFRESPONDENT def; AQUA PLUMBING & HEATING CORP., THIRD-PARTY def-ap

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