Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied that part of the cross motion of third-party plaintiffs, Rochester Gas Electric Corporation (RGE) and Fast Trak Structures, Inc. (Fast Trak), seeking conditional summary judgment on their third-party claims for contractual indemnification against third-party defendant Solar Wind Energy Systems, Ltd. (Solar Wind). Because a question of fact exists whether the injuries of Lawrence J. Baskewicz (plaintiff) were caused by a negligent act of Solar Wind, Fast Trak is not entitled to a conditional judgment for contractual indemnification against Solar Wind (see, Hayes v. Crane Hogan Structural Sys., 191 A.D.2d 978, 979; Stimson v. Lapp Insulator Co., 186 A.D.2d 1052, 1053). RGE is not entitled to contractual indemnification against Solar Wind because the contract between Fast Trak and Solar Wind did not expressly state that they intended their contract to benefit RGE (see, Port Chester Elec. Constr. Corp. v. Atlas, 40 N.Y.2d 652, 656; cf., Ralston Purina Co. v. McKee Co., 158 A.D.2d 969, 970).
The court erred, however, in denying that part of the cross motion of RGE and Fast Trak seeking conditional summary judgment on their third-party claims for common-law indemnification against Solar Wind. There is no evidence that RGE or Fast Trak controlled, directed or supervised plaintiff's work. Solar Wind alone was responsible for directing plaintiff's work and providing the ladder from which plaintiff fell. Absent proof that the liability of RGE and Fast Trak was other than vicarious, their cross motion for conditional summary judgment should have been granted (see, Loper v. City of Rochester, 209 A.D.2d 1052; Paterson v. Hennessy, 206 A.D.2d 919). Thus, we modify the order on appeal by granting that part of the cross motion of RGE and Fast Trak for conditional summary judgment on their third-party claims for common-law indemnification against Solar Wind.