In this personal injury action, where plaintiff, an employee of the electrical subcontractor Monaco, tripped and fell over some construction debris at the work site, questions of fact are presented as to who was responsible for maintaining the scene of the accident, which plaintiff was unable to identify with any specificity. Since much of the possible evidence on this issue appears to be within the knowledge of Monaco or its employees, the third-party plaintiffs should be permitted additional discovery. As to the applicability of the broad indemnification clause in the subcontract with Monaco, determination of that issue must await the finding and apportionment of liability, if any, between the third-party plaintiffs and Monaco ( see, Itri Brick Concrete Corp. v. Aetna Cas. Sur. Co., 89 N.Y.2d 786).
Concur — Sullivan, J. P., Wallach, Tom and Andrias, JJ.