In an action to recover damages for personal injuries, the defendant VC. Vitanza and Sons, Inc., appeals from so much of an order of the Supreme Court, Kings County (Vaughan, J.), dated July 12, 2006, as denied those branches of its motion which were for summary judgment dismissing the complaint insofar as asserted against it and the first, second, third, and fourth cross claims against it.
The plaintiff, a former New York City Police Department sergeant, was injured when he fell in the stairwell of a building owned by the defendant New York City Housing Authority (hereinafter NYCHA), allegedly due to a crack in a step and the presence of debris and water in the stairwell. He commenced this action against NYCHA and the defendant VC. Vitanza and Sons, Inc. (hereinafter Vitanza), which had a contract with NYCHA to inspect, test, and maintain the standpipe system in the building. NYCHA asserted various cross claims against Vitanza, inter alia, for common-law and contractual indemnification and contribution. The Supreme Court denied those branches of Vitanza’s subsequent motion which were for summary judgment dismissing the complaint insofar as asserted against it and the first, second, third, and fourth cross claims asserted against it. We reverse.
Vitanza established its entitlement to judgment as a matter of law dismissing the complaint insofar as asserted against it by demonstrating that it did not assume a comprehensive and exclusive maintenance obligation under its contract with NYCHA, and it did not entirely displace NYCHA’s duty to maintain the stairwell in a reasonably safe condition (see Church v Callanan Indus., 99 NY2d 104 [2002]; Espinal v Melville Snow Contrs., 98 NY2d 136 [2002]; Roveccio v Ry Mgt. Co., Inc., 29 AD3d 562 [2006]; Troise v New Water St. Corp., 11 AD3d 529 [2004]). Since no triable issue of fact was raised in opposition to that branch of its motion, the Supreme Court should have granted that branch of Vitanza’s motion which was for summary judgment dismissing the complaint insofar as asserted against it on the ground that it owed no duty to the plaintiff (see Galit v Town of Islip, 19 AD3d 642 [2005]; Bracco v Puntillo Ltd. Partnership, 19 AD3d 624 [2005]; Hagen v Gilman Mgt. Corp., 4 AD3d 330 [2004]). Furthermore, since Vitanza cannot be held directly liable to the plaintiff and NYCHA failed to establish that Vitanza owed it a reasonable duty of care independent of its contractual obligations, the second and fourth cross claims should have been summarily dismissed (see Patterson v New York City Tr. Auth., 5 AD3d 454 [2004]; Taylor v Gannett Co., 303 AD2d 397 [2003]; Baratta v Home Depot USA, 303 AD2d 434 [2003]).
Additionally, we note that the contractual indemnification provision at issue appears to run afoul of General Obligations Law § 5-322.1 (see Leibel v Flynn Hill El. Co., 25 AD3d 768 [2006]; Caruso v Inhilco, Inc., 2 AD3d 662 [2003]). Mastro, J.E, Santucci, Skelos and Dickerson, JJ., concur.
