The opinion
Fallon, J. (dissenting in part).
I dissent in part. In my view, defendants and third-party plaintiffs were entitled to contractual as well as common-law indemnification because they established that Combustion Engineering was "strictly liable” under the terms of the indemnification agreement (see, Labor Law § 240 [1]). (Appeals from Order of Supreme Court, Onondaga County, Major, J.—Indemnification.) Present—Pine, J. P., Fallon, Wesley, Doerr and Davis, JJ.