Opinion
March 8, 1999
Appeal from the Supreme Court, Suffolk County (Doyle, J.).
Ordered that the order is affirmed, with costs.
The plaintiff was delivering a combination clothes washer-dryer weighing several hundred pounds which was to be installed in a condominium unit being constructed by the appellants. He slipped and fell, allegedly on some threaded metal rods strewn about the floor of the unit, thereby injuring himself.
Contrary to the appellants' contention, the delivery of the appliance was an integral part of the construction process. Thus, the plaintiff was properly held to be within the class of persons protected by Labor Law § 241 (6) (see, Williams v. G.H. Dev. Constr. Co., 250 A.D.2d 959). With respect to Labor Law § 200, the plaintiff showed the existence of factual questions as to whether or not the appellants exercised sufficient supervisory control over the construction site, and as to whether or not the appellants had knowledge of the allegedly dangerous condition (see, Samiani v. New York State Elec. Gas Corp., 199 A.D.2d 796).
The appellants' remaining contention is not properly before this Court.
S. Miller, J. P., Ritter, Florio and Luciano, JJ., concur.