Opinion
January 24, 1994
Appeal from the Supreme Court, Queens County (Rosenzweig, J.).
Ordered that order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
The plaintiff asserts that the defendants are liable under Labor Law §§ 240 and 241 (6), as well as under a theory of common-law negligence. The plaintiff, while employed by the third-party defendant Zilelian Construction Corp., sustained hand injuries while operating a power saw during a renovation project in an apartment owned by the defendant-partnership. The Supreme Court granted the defendants' motion for summary judgment dismissing the complaint. We affirm.
Contrary to the contentions of the plaintiff, Labor Law § 240 has no applicability herein because the plaintiff's injuries did not result from "an elevation-related hazard" (Smith v. New York State Elec. Gas Corp., 82 N.Y.2d 781; see also, Ross v Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494; Rocovich v Consolidated Edison Co., 78 N.Y.2d 509). The plaintiff's Labor Law § 241 (6) claim must also fail due to the inadequacy of his allegations regarding the Industrial Code Regulations purportedly breached (see, Ross v. Curtis-Palmer Hydro-Elec. Co., supra, at 502). Finally, the plaintiff has failed to present evidence demonstrating that any negligence on the part of the defendants caused his injuries (see, Lombardi v. Stout, 80 N.Y.2d 290, 295; Danish v. Kennedy, 168 A.D.2d 768). Since no factual issue is presented with respect to liability on the part of the defendants, we conclude that they were properly granted summary judgment. Copertino, J.P., Pizzuto, Santucci and Joy, JJ., concur.