Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting plaintiffs' motion for partial summary judgment against defendant Jenn-Matt Corporation (Jenn-Matt) pursuant to Labor Law § 240 (1) and § 241 (6). Jenn-Matt was the construction manager hired by defendants William and Bonita Brader in connection with the construction of their single-family home. The evidence submitted by plaintiffs fails to establish their entitlement to judgment as a matter of law ( see, CPLR 3212[b]). There are triable issues of fact whether Jenn-Matt possessed sufficient authority and responsibility over the project to be held liable for the alleged violations of sections 240(1) and 241(6) ( see, Relyea v. Bushneck, 208 A.D.2d 1077; Kenny v. Fuller Co., 87 A.D.2d 183, lv denied 58 N.Y.2d 603).
The court properly granted Jenn-Matt a conditional judgment against third-party defendant, Home Insulation Supply, Inc. (Home Insulation), for common-law indemnification. Jenn-Matt submitted proof in admissible form that it did not control, direct or supervise the injury-producing work, and Home Insulation failed to raise a triable issue of fact whether Jenn-Matt's potential liability to plaintiffs is other than vicarious ( see, Sikorski v. Springbrook Fire Dist., 225 A.D.2d 1041; Mackey v Beacon City School Dist., 216 A.D.2d 534, 535; Allman v. Ciminelli Constr. Co., 184 A.D.2d 1022, 1023). (Appeals from Order of Supreme Court, Erie County, Gorski, J. — Summary Judgment.)