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FRAIOLI v. ST. JOSEPH'S SEMINARY OF THE CITY OF NEW YORK

1 A.D.3d 280 (2003)

767 N.Y.S.2d 586

BENNY FRAIOLI, Respondent, v. ST. JOSEPH'S SEMINARY OF THE CITY OF NEW YORK, Also Known as ST. JOSEPH'S SEMINARY AND COLLEGE, et al., Appellants, and M.J. CONSTRUCTION CORP., Also Known as MICHAEL J. FITZGERALD CONTRACTING COMPANY, INC., Respondent, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 25, 2003.

Although there is no evidence of appellants' negligence or supervision of the work sufficient to hold them other than vicariously liable under Labor Law § 240 (1), they have failed to present proof to establish general contractor Fitzgerald's negligence, which is necessary for indemnification under the specific terms of the contract (Keohane v Littlepark House Corp., 290 A.D.2d 382 [2002]; Correia v Professional Data Mgt...

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