Opinion
May 31, 1996
Appeal from the Supreme Court, Erie County, Doyle, J.
Present — Green, J.P., Pine, Lawton, Balio and Boehm, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted summary judgment dismissing the complaint seeking damages for common-law negligence and violations of Labor Law §§ 200, 240 (1) and § 241 (6). Angelo Basile (plaintiff) slipped on a stack of pipes and fell onto the pipes. Thus, he did not fall from an elevated work site ( see, Mitchell v. County of Jefferson, 226 A.D.2d 1109; Cipolla v. Flickinger Co., 172 A.D.2d 1064, 1065), and the accident did not involve an elevation-related risk encompassed by Labor Law § 240 (1) ( see, Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494, 501; Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 514).
To establish a prima facie cause of action under Labor Law § 241 (6), plaintiff was required to show that defendants, as nonsupervising owners or contractors, violated a specific rule or regulation of the Commissioner of Labor "mandating compliance with concrete specifications" ( Ross v. Curtis-Palmer Hydro-Elec. Co., supra, at 505). He failed to meet that burden. Industrial Code (12 N.Y.CRR) § 23-1.5 states a general standard of care and does not support a Labor Law § 241 (6) violation ( McGrath v. Lake Tree Vil. Assocs., 216 A.D.2d 877; see also, Dombrowski v Schwartz, 217 A.D.2d 914). The pipes had been delivered and stacked in a staging area in order to be cleaned. The stack of pipes did not constitute a passageway or elevated work area, and thus 12 NYCRR 23-1.7 (d) does not apply ( see, McGrath v. Lake Tree Vil. Assocs., supra; Stairs v. State St. Assocs., 206 A.D.2d 817, 818). Moreover, the slippery substance was an integral part of the pipes ( see, Adams v. Glass Fab, 212 A.D.2d 972, 973). The remaining sections of the Industrial Code relied upon by plaintiff ( 12 NYCRR 23-3.3, 23-5.1, 23-9.8) also do not apply to this case.
Lastly, the proof establishes that defendants exercised no supervisory control over plaintiff's work. Thus, defendants were entitled to summary judgment dismissing the common-law negligence and Labor Law § 200 causes of action ( see, Comes v. New York State Elec. Gas Corp., 82 N.Y.2d 876, 877).