TAYLOR v. LEHR CONSTRUCTION CORP

The liability assigned to Lehr will not necessarily be vicarious, since it undertook responsibility for safety oversight at the work site, including maintaining the work area free of scattered materials (Labor Law § 241; Industrial Code [12 NYCRR] § 23-1.7 [e] [2]). Issues of fact exist as to whether Lehr failed to discharge that duty, and whether that violation contributed to plaintiff's injury ( see e.g. DeSimone v. Structure Tone, 306 AD2d 90), thus precluding any grant of summary judgment to Lehr on its indemnification claims ( Boss v. Integral Constr. Corp., 249 AD2d 214, 215).