Ordered that the order is affirmed insofar as appealed from, with costs.
Resolution of the issue of the respondent's duty to indemnify the appellants must await a determination as to whether the plaintiff's injuries were caused by the appellants' negligence. Triable issues of fact exist as to whether the appellants had actual notice of the alleged defect and failed to notify the respondent of the allegedly dangerous condition (see, Rogers v Dorchester Assoc.,<...
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