PAUL GDANSKI, ETC., res, v. 5822 BROADWAY ASSOCIATES, LLC, DEFENDANT THIRD-PARTY PLAINTIFF-APPELLANT-res, S & v. IRON WORKS CORP., DEFENDANT THIRDPARTY DEFENDANT-RESPONDENTAPPELLANT (AND ANOTHER TITLE). (INDEX NO. 11774/07)In an action to recover damages for personal injuries, the defendant third-party plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Rockland County (Jamieson, J.), dated January 10, 2012, as denied those branches of its motion which were for summary judgment dismissing the cause of action alleging a violation of Labor Law §2401. and on its third-party claim for common-law indemnification against the defendant third-party defendant, and the defendant third-party defendant cross-appeals, as limited by its brief, from so much of the same order as denied those branches of its motion which were for summary judgment dismissing the complaint insofar as asserted against it and dismissing the third-party complaint.
ORDERED that the order is modified, on the law, 1. by deleting the provision thereof denying that branch of the motion of the defendant third-party plaintiff which was for summary judgment dismissing the cause of action alleging a violation of Labor Law §2401., and substituting therefor a provision granting that branch of the motion, 2. by adding thereto the words “is denied as academic” before the words “with respect to its claim for common law indemnification against S&V,” in the first paragraph thereof, and 3. by deleting the provision thereof denying those branches of the motion of the defendant third-party defendant which were for summary judgment dismissing the complaint insofar as asserted against it and dismissing the third-party complaint, and substituting therefor a provision granting those branches of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.