Order unanimously reversed on the law with costs and cross motion granted. Memorandum: Supreme Court erred in failing to grant the cross motion for summary judgment of Gamble Distributors, Inc., incorrectly sued as Gamble Machine, Inc. (Gamble). As the owner of the premises, Gamble is only vicariously liable to an injured worker under Labor Law § 240 (see, Pietsch v. Moog, Inc., 156 A.D.2d 1019, 1020). Gamble submitted evidentiary proof in admissible form that it did not exercise any control or supervision over plaintiff and the work project. Under those circumstances, Gamble is entitled to a conditional judgment of indemnification against Creg Systems Corp. (see, Schultz v. Harrison Radiator Div., 209 A.D.2d 956 [decided herewith]; Stimson v. Lapp Insulator Co., 186 A.D.2d 1052; Pietsch v. Moog, Inc., supra).