Opinion
February 9, 1998
Appeal from the Supreme Court, Queens County (Goldstein, J.).
Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
The Labor Law § 200 and common law negligence causes of action were properly dismissed, because the record establishes that no actions on the part of the respondents were a proximate cause of the plaintiff's accident ( see, Sheehan v. City of New York, 40 N.Y.2d 496; Rivera v. City of New York, 11 N.Y.2d 856). As the nuisance cause of action was premised upon the same theory as the Labor Law § 200/common law negligence causes of action, this cause of action was also properly dismissed ( see, Copart Indus. v. Consolidated Edison Co., 41 N.Y.2d 564).
Ritter, J. P., Altman, Friedmann and Luciano, JJ., concur.