Opinion
October 20, 1997
Appeal from the Supreme Court, Nassau County (Dunne, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the causes of action to recover damages under Labor Law §§ 240 and 241 (6), and based on common-law negligence are dismissed insofar as asserted against the defendants Strober Long Island Building Material Centers, Inc. and Frank Finochio.
The uncontroverted evidence in this case establishes that the plaintiff's conduct was the sole proximate cause of his injuries ( see, Antonik v. New York City Hous. Auth., 235 A.D.2d 248; Falsetta v. Ronzoni Foods Corp., 234 A.D.2d 259; Cannata v. One Estate, 127 A.D.2d 811; Mack v. Altmans Stage Light. Co., 98 A.D.2d 468).
The plaintiffs' remaining contentions are without merit.
O'Brien, J.P., Thompson, Santucci and Joy, JJ., concur.