ARISTIDES GIKAS, plf-res, v. 42-51 HUNTER STREET, LLC DEFENDANTS/SECOND AND THIRD THIRD-PARTY plf-ap, COLGATE SCAFFOLDING & EQUIPMENT CORP., DEFENDANT/THIRD-PARTY PLAINTIFF- res; CONSOLIDATED INSTALLATIONS INCORPORATED, THIRD-PARTY DEFENDANT/SECOND THIRD-PARTY def; DANICA GROUP, LLC, THIRD THIRD-PARTY DEFENDANT- res — (INDEX NOS. 28319/08, 75077/09, 75017/10, 755155/10)In an action to recover damages for personal injuries, the defendants/second and third thirdparty plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Ruchelsman, J.), dated April 30, 2014, as granted that branch of the plaintiff’s motion which was for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law §240(1) insofar as asserted against them, granted that branch of the motion of the defendant/third party plaintiff which was for summary judgment on its cross claim for contractual indemnification against the defendant/second and third third-party plaintiff Roe Development Group, LLC, and granted that branch of the motion of the third third-party defendant which was for summary judgment dismissing the third thirdparty complaint.
ORDERED that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant/third-party plaintiff which was for summary judgment on its cross claim for contractual indemnification against the defendant/second and third third-party plaintiff Roe Development Group, LLC, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with one bill of costs to the plaintiff and the third third-party defendant payable by the appellants and one bill of costs to the appellants payable by the defendant/third-party plaintiff.