Opinion
June 24, 1999.
Appeal from the Supreme Court, New York County (Paula Omansky, J.).
The deposition testimony and other evidence in the record fails to demonstrate that New York Telephone exercised any direct control over the manner in which the plaintiff performed the demolition work in the course of which he was injured. Accordingly, since there exists no common-law ground upon which to hold New York Telephone accountable for plaintiffs injury, its liability therefor being purely statutory, it was properly awarded judgment upon its claim for common-law indemnification as against plaintiffs employer, third-party defendant Joe Demasco Interior Renovations, the party with direct supervisory authority over plaintiffs work at the time of his accident and injury ( see, Buccini v. 1568 Broadway Assocs., 250 A.D.2d 466, 468).
Concur — Wallach, J. P., Rubin, Andrias and Saxe, JJ.