Opinion
June 17, 1999.
Appeal from the Supreme Court, New York County (Lorraine Miller, J.).
Plaintiff's complaint against defendant-respondent Alexander Wolf Son alleging violations of Labor Law §§ 200 Lab., 240 Lab. and 241 Lab. was properly dismissed since Alexander Wolf was neither the general contractor of the work in the performance of which plaintiff was injured, nor the agent of the owners who had entered into the contract with plaintiff's employer ( see, D'Amico v. New York Racing Assn., 203 A.D.2d 509). While Alexander Wolf performed renovation work upon the premises where plaintiff allegedly sustained her injury, Alexander Wolf's work was wholly separate from that of plaintiff's employer, defendant NSC Abatement, an asbestos removal contractor, and, accordingly, governed by contracts distinct from the contract between NSC and the owner's managing agent, defendant George Comfort Sons.
Concur — Ellerin, P. J., Wallach, Lerner and Friedman, JJ.