The trial court properly directed a verdict against third-party defendant boiler repair contractor Atlas Welding and Boiler Repair, Inc., requiring Atlas to provide common-law indemnification to third-party plaintiffs for damages suffered by plaintiff, Atlas's employee, while repairing a boiler upon the third-party plaintiff's premises. Since the trial evidence, rationally considered, permitted no other conclusion but that it was Atlas, and not third-party plaintiff owners, that controlled the subject work site and the work in which plaintiff was engaged at the time of his accident, the owners were entitled to common-law indemnification from Atlas for their purely statutory liability pursuant to Labor Law §§ 240(1) and 241(6) (see,Kelly v. Diesel Constr., 35 N.Y.2d 1, 6; Guillory v. Nautilus, 208 A.D.2d 336, appeal dismissed, lv denied 86 N.Y.2d 881).
Plaintiff, who was 59 years old at the time of the accident, fell into a three-foot deep pit of scalding water sustaining second and third-degree burns to his legs and feet. He was hospitalized for 28 days and underwent excruciatingly painful debridement and skin grafting procedures resulting in permanent scarring to his legs and feet. We find the award to the wife to be excessive to the extent indicated.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.