GUINTER v. I. PARK LAKE SUCCESS

Given that third-party plaintiff Ball, as contractor, retained authority over the work site and actually performed the cleanup and maintenance, third-party defendant subcontractor owed it no duty to maintain the site ( Lopez v Consolidated Edison Co. of N.Y., 40 NY2d 605). While the subcontractor was liable to indemnify for injury resulting from its own acts or omissions, it was not liable, as a matter of law, for injury manifestly caused by the contractor's maintenance of a debris pile.