With no explanation, chose the best option from "A", "B", "C" or "D". judgment is inappropriate where there is an issue of fact regarding whether the scaffold was free from defect when it was erected. See Keojane v. Littlepark House Corp., 290 A.D.2d 382, 383, 736 N.Y.S.2d 664 (1st Dep’t 2002) (finding that a scaffold company was not entitled to summary judgment because where the company “furnished and installed the scaffold, and the scaffold’s freedom from defect has not been established, [therefore] a factual issue exists as to whether any negligence by [the scaffold company] contributed to the occurrence of the accident”). Moreover, a scaffolding company may be held liable where it has an obligation to continue to inspect the scaffolding. See Drzewinski v. Atl. Scaffold & Ladder Co., 70 N.Y.2d 774, 776-77, 515 N.E.2d 902, 521 N.Y.S.2d 216 (1987) (<HOLDING>). Here, the agreement between Safway and CMC

A: holding that if an insurance company is as a matter of state law liable to a plaintiff in the personal injury action subsequent discharge of the assured in bankruptcy does not alter the obligation of the insurance company and further finding that it is the policy of the law to discharge the bankrupt but not to release from liabilities those who are liable with him
B: holding title company liable for bad faith
C: holding that state could be liable under ada for inaccessibility of company it contracted with to provide state inmates with jobs
D: holding scaffolding company liable to plaintiff under  2401 where the scaffolding company specifically contracted to provide erect and maintain the scaffolding and other equipment for the safety of those working on the job
D.