Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff Sigmund Winiavski was injured when he was doing roofing work at the respondent's warehouse. The injured plaintiff and his wife brought this action against the respondent, and the respondent brought a third-party action against the appellant, the injured plaintiff's employer.
The respondent, as an owner of the worksite at which the accident occurred, is liable under Labor Law § 240 (1), and is not barred from obtaining indemnification under the common law ( see, Kelly v. Diesel Constr. Div. of Carl A. Morse, Inc., 35 N.Y.2d 1, 6). Although a party who is actually a participant in the wrongdoing may not receive the benefit of indemnification, the record fails to present an issue of fact as to whether the respondent engaged in any such wrongdoing ( see, Pazmino v Woodside Dev. Co., 212 A.D.2d 520).
Joy, J.P., Goldstein, Florio and McGinity, JJ., concur.