Opinion
2002-01203
Argued February 4, 2003.
May 5, 2003.
In an action to recover damages for personal injuries, etc., the defendant, Eternal Memorials, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Satterfield, J.), dated December 3, 2001, as denied its motion for summary judgment dismissing the plaintiffs' Labor Law § 200 and common-law negligence causes of action insofar as asserted against it. Justice Sondra Miller has been substituted for the late Justice O'Brien (see 22 NYCRR 670.1[c]).
O'Connor, O'Connor, Hintz Deveney, LLP, Melville, N.Y. (Michael T. Reagan and Eugene Morenus of counsel), for appellant.
Bonina Bonina, P.C. (Mischel, Neuman Horn, P.C., New York, N.Y. [Scott T. Horn] of counsel), for respondents.
White Quinlan Staley, LLP, Garden City, N.Y. (Arthur T. McQuillan of counsel), for third-party defendant Lou-Co Contracting.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, SONDRA MILLER, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.
The Supreme Court properly denied the appellant's motion for summary judgment dismissing the plaintiffs' Labor Law § 200 and common-law negligence claims based upon the existence of triable issues of fact regarding whether the appellant supervised or controlled the injured plaintiff's work and whether the appellant created or had actual or constructive notice of a dangerous condition existing on the property (see Latino v. Nolan Taylor-Howe Funeral Home, 300 A.D.2d 631; Garcia v. Silver Oak USA, 298 A.D.2d 555; Yong Ju Kim v. Herbert Constr. Co., 275 A.D.2d 709, 712).
The appellant's remaining contentions either are unpreserved for appellate review or without merit.
RITTER, J.P., FEUERSTEIN, S. MILLER and LUCIANO, JJ., concur.