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JEFFREY VALENTI, ET AL., Plaintiffs-Respondents, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant Third-Party Plaintiff-Appellant, R.A. GOTTLIEB, Defendant Third-Party Defendant Fourth-Party Plaintiff-Respondent, SHELDON ELECTRIC, INC., Fourth-Party Defendant-Respondent.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.

The Supreme Court, upon reargument, properly denied that branch of the motion of the defendant third-party plaintiff, New York City Transit Authority (hereinafter the Transit Authority), which was for summary judgment on its claim for contractual indemnification against the defendant third-party defendant fourth-party plaintiff, R.A. Gottlieb, Inc. (hereinafter Gottlieb). In opposition to the Transit Authority's prima facie showing of entitlement to judgment as a matter of law, Gottlieb raised a triable issue of fact as to the extent of supervision and control exercised by the Transit Authority over the work being performed which resulted in the plaintiff Jeffrey Valenti's injuries ( see Belcastro v. Hewlett-Woodmere Union Free School Dist. No. 14, 286 A.D.2d 744, 746-747; Kennelty v. Darlind Constr., 260 A.D.2d 443, 446). In particular, there is an issue of fact with respect to the Transit Authority's negligence, inter alia, in affording access to the room in which the subject accident occurred.

The Transit Authority's remaining contentions are without merit.

RITTER, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.

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VALENTI v. NEW YORK CITY TR. AUTH
(Mar 8, 2004)