The indemnification clause in the parties contract is enforceable since it does not impose an obligation to indemnify for negligence other than that of the indemnitor and its agents ( see, Itri Brick Concrete Corp. v. Aetna Cas. Sur. Co., 89 N.Y.2d 786, 793-794). Nor is there any question as to whether the indemnitees, defendants-respondents, were actually at fault, for although defendants-respondent's general contractor had a supervisor on hand, who was responsible for general safety at the work site, the record establishes that that supervisor did not control or supervise performance of the work in the course of which plaintiff was injured. The record in fact demonstrates that said supervisor's suggestion for performance of the work was not followed and that defendant-appellant's foreman and its subcontractors foreman were solely responsible for direction of work in question ( see, Rice v. PCM Dev. Agency Co., 230 A.D.2d 898, 899-900; Isnardi v. Genovese Drug Stores, 242 A.D.2d 672; Seecharran v. 100 W. 33rd St. Realty Corp., 198 A.D.2d 121, 122).
Concur — Lerner, P. J., Ellerin, Rubin and Saxe, JJ.