Opinion
November 15, 1995
Appeal from the Supreme Court, Erie County, Joslin, J.
Present — Pine, J.P., Fallon, Wesley, Balio and Boehm, JJ.
Order unanimously affirmed without costs. Memorandum: Plaintiff was injured when the wall of a trench caved in upon him while he was working on the installation of a water line on Kenmore Avenue in the Village of Kenmore. Plaintiff was employed by the contractor engaged by the Village to install the water line. He commenced this action against the engineering firm employed by the Village to design the project and to provide on-site inspection of the progress of the work. The complaint seeks to impose liability for common-law negligence and violations of Labor Law §§ 200, 240 and 241 (6).
Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint. Labor Law § 240 has no application to the cave-in of a trench (see, Staples v Town of Amherst, 146 A.D.2d 292). With respect to the alleged violation of Labor Law § 241 (6), a professional engineer can be held liable under that subdivision only if it is established that he had the authority to supervise and control the activity that brought about the injury (see, Carter v Vollmer Assocs., 196 A.D.2d 754; Hamby v High Steel Structures, 134 A.D.2d 884, 885). The contract documents unambiguously provide that defendant is not responsible for supervision or control of the method or manner in which the work is performed, and plaintiff submitted no proof that defendant's employees exercised any such supervision or control (see, Hamby v High Steel Structures, supra). Further, because defendant did not supervise or control the work, it cannot be held liable under Labor Law § 200 or for common-law negligence for the failure to provide a safe place to work (see, Gaul v Motorola, Inc., 216 A.D.2d 879; Wright v Nichter Constr. Co., 213 A.D.2d 995; Hamby v High Steel Structures, supra).