In Crimi v. Neves Assocs., 306 A.D.2d 152 [1st Dept. 2003] the owner-indemnitor was entitled to summary judgment on the issue of contractual indemnification against the contractor-indemnitee, conditioned upon a finding of the indemnitiee's negligence, where the indemnity provision was triggered only to the extent that bodily injury was "caused in whole or in part by negligent acts or omissions of the contractor... " (Id., at 153), and moreover, the indemnitor was determined to be liable solely due to its status as an "owner" of the premises pursuant to Labor Law 240(1).