Opinion
March 9, 1998
Appeal from the Supreme Court, Queens County (Goldstein, J.).
Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the appellant's cross motion which was for summary judgment on its cause of action for common-law indemnification and substituting therefor a provision granting that branch of the cross motion conditionally in the event that a judgment is entered awarding damages in favor of the plaintiff and against the appellant; as so modified, the order is affirmed insofar as appealed from, with costs to the appellant.
We agree with the Bank of New York's claim that the court erred in denying that branch of its cross motion which was for summary judgment on its cause of action for common-law indemnification against the third-party defendant, American Armatura Co. Inc. The Bank of New York has demonstrated that it neither controlled nor directed the plaintiff's work and the third-party defendant's bald conclusory allegations to the contrary are insufficient to defeat the Bank of New York's cross motion for summary judgment on the issue of common-law indemnification ( see, Clark v. 345 E. 52nd St. Owners, 245 A.D.2d 410; Isnardi v. Genovese Drug Stores, 242 A.D.2d 672; Richardson v. Matarese, 206 A.D.2d 354).
The Bank of New York has not established its entitlement to judgment as a matter of law on the issue of contractual indemnification ( see, Werner v. East Meadow Union Free School Dist., 245 A.D.2d 367; Stimson v. Lapp Insulator Co., 186 A.D.2d 1052).
Rosenblatt, J. P., Ritter, Copertino and Goldstein, JJ., concur.