Summary
In Tolino (at 4-5) plaintiff had alleged that "he was standing on a wobbly platform when his finger became wedged between a piece of sheetrock he was installing and the ceiling."
Summary of this case from Rodriguez v. OD&P CONSTR.Opinion
5488
December 4, 2001.
Order, Supreme Court, New York County (Alice Schlesinger, J.), entered on or about July 28, 2000, which, insofar as appealed from, granted motions for summary judgment dismissing plaintiff's causes of action under Labor Law §§ 200 and 240(1) and for common-law negligence, unanimously affirmed, without costs.
Scott N. Singer, for plaintiffs-appellants.
Madeleine C. Petrara, Jonathan Uejio, for defendants-respondents.
Madeleine C. Petrara, for third-party plaintiff-respondent.
Christian J. Soller, for third-party defendant-respondent.
Sullivan, P.J., Williams, Ellerin, Lerner, Saxe, JJ.
The most favorable of the conflicting versions of fact given by plaintiff alleges that he was standing on a wobbly platform lift when his fingers became wedged between a piece of sheetrock he was installing and the ceiling. Even if accepted, this would not support a cause of action under Labor Law § 240(1), since the accident would not be gravity-related (see, Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501; Kelleher v. Power Auth., 211 A.D.2d 918). The Labor Law § 200 and common-law negligence claims against the building owner, lessee and general contractor were also properly dismissed, since the uncontested evidence reveals that only plaintiff's employer, the framing and drywall subcontractor and third-party defendant herein, exercised supervisory control over his work and the site. The general contractor's general supervisory responsibility did not amount to such supervision and control as is necessary for liability (see, Buccini v. 1568 Broadway Assocs., 250 A.D.2d 466, 468-469).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.