Opinion
March 3, 1998
Appeal from the Judgment, Supreme Court, New York County (Edward Rath, Jr., J.).
A directed verdict on the issue of the building owner's liability under Labor Law § 240 (1) was properly granted upon a finding that, as a matter of law, plaintiff's injuries were the result of a fall from an elevated level ( compare, Gramigna v. Morse Diesel 210 A.D.2d 115; Dominguez v. Lafayette-Boynton Hous. Corp., 240 A.D.2d 310). A directed verdict was also properly granted in favor of the building owner on its claim for indemnification upon findings that, as a matter of law, the contractor exercised complete control over the worksite and that the building owner did not contribute in any way to the accident ( see, Carr v. Perl Assocs., 201 A.D.2d 296, 297). Nor was it error to refuse a missing witness charge as to the absent treating physician, since, his notes and reports having been entered into evidence by stipulation and extensively quoted by both parties' experts and his conclusions having been concurred in by plaintiff's testifying expert, his testimony would have been cumulative ( see, Medina v. Chownwai, 211 A.D.2d 526).
Concur — Sullivan, J. P., Rosenberger, Ellerin and Tom, JJ.