CORREA v. 100 WEST 32ND ST. REALTY CORP

The tenant's obligation under the lease to indemnify the landlord for any liability arising from "the carelessness, negligence or improper conduct of . . . Tenant's . . . contractors" was properly invoked on a record establishing that the tenant's contractors provided plaintiff with an unstable scaffold and failed to provide him with any safety devices. General Obligations Law § 5-321 and § 5-322.1 do not bar enforcement of the lease's indemnification provision where there is no evidence of any negligence by the landlord, which did not supervise or control plaintiff's work and whose liability to plaintiff is purely statutory (see, Brown v. Two Exch. Plaza Partners, 76 N.Y.2d 172, 175, 178-181). We note that we have no jurisdiction to review the aspect of the order denying plaintiff's cross motion insofar as it sought summary judgment as to the tenant's liability under Labor Law § 240(1), because no party aggrieved thereby has taken an appeal. However, we would also note that a tenant who hires contractors to perform work on the leased premises is generally subject to liability under Labor Law § 240(1) (see, e.g., Bart v. Universal Pictures, 277 A.D.2d 4, 5).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.