Opinion
2002-01877
Argued May 7, 2002.
June 10, 2002.
In an action to recover damages for personal injuries, the defendant Abstract Supplies, Inc., appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated December 20, 2001, which granted the plaintiff's motion for partial summary judgment against it on the issue of liability pursuant to Labor Law § 240(1).
Rivkin Radler, LLP, Uniondale, N.Y. (Evan H. Krinick, Cheryl F. Korman, and Stuart M. Bodoff of counsel), for appellant.
Lippman, Krasnow Kelton, LLP, New York, N Y (Michael S. Kelton and Denise Buda of counsel), for respondent.
Before: NANCY E. SMITH, J.P., CORNELIUS J. O'BRIEN, HOWARD MILLER, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is denied, and, upon searching the record, the defendant Abstract Supplies, Inc., is granted partial summary judgment dismissing the plaintiff's second cause of action insofar as asserted against it.
The Supreme Court erred in granting the plaintiff's motion for partial summary judgment against the defendant Abstract Supplies, Inc. (hereinafter Abstract), on his Labor Law § 240(1) claim. The record establishes that Abstract was not an owner or general contractor and did not control or supervise the plaintiff's work (see Russin v. Picciano Son, 54 N.Y.2d 311, 317; Mancini v. Pedra Constr., 293 A.D.2d 453 [2d Dept, Apr. 1, 2002]; Sabato v. New York Life Ins. Co., 259 A.D.2d 535, 536-537; D'Amico v. New York Racing Assn., 203 A.D.2d 509, 510-511). Accordingly, upon searching the record, Abstract is entitled to partial summary judgment dismissing the Labor Law § 240(1) claim insofar as asserted against it (see CPLR 3212[b]; Larussa v. Shell Oil Co., 283 A.D.2d 403; Stevenson v. Alfredo, 277 A.D.2d 218).
SMITH, J.P., O'BRIEN, H. MILLER and COZIER, JJ., concur.