—[*1] Brill & Associates, P.C., New York City (Haydn J. Brill and Corey Reichardt of counsel), for appellant.

Robert Corke, Ossining, for James Timmons and Cheryl Timmons, respondents.

Biedermann, Reif, Hoenig & Ruff, P.C., New York City (Deirdre Dunphy Hill of counsel), for The Sisters of Charity of Saint Vincent De Paul of New York, respondent.

White, Quinlan & Staley, LLP, Garden City (Regis Staley of counsel), for The College of Mt. St. Vincent, respondent.

Order, Supreme Court, Bronx County (Alexander Hunter Jr., J.), entered November 24, 2006, which, insofar as appealed from as limited by the briefs, granted plaintiffs' cross motion for partial summary judgment on the issue of liability on their Labor Law § 240 (1) cause of action as against defendant HMS Mechanical Inc. (HMS), unanimously affirmed, without costs.

Plaintiff was injured when he fell through a glass skylight while in the course of performing air conditioning insulation work on the fifth floor of the subject building. HMS was hired to install the air conditioning units in the building and although HMS subcontracted the duct work to plaintiff's employer, there are no triable issues as to whether it was a contractor under Labor Law § 240 (1), with the nondelegable liability for injuries arising within the scope of [*2]the contracted work, including those suffered by plaintiff (see Russin v Louis N. Picciano & Son, 54 NY2d 311, 317-318 [1981]). Concur—Saxe, J.P., Gonzalez, Buckley and Acosta, JJ. [See 14 Misc 3d 317.]