Opinion
February 23, 1998
Appeal from the Supreme Court, Westchester County (Lefkowitz, J.).
Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
The plaintiff was injured on a construction site owned by the defendant General Motors Corporation (hereinafter General Motors) while employed by the third-party defendant Port Chester Electrical Construction Corp., with whom the defendant Tri-Mark Metal Corporation (hereinafter Tri-Mark) contracted to do electrical work.
The Supreme Court properly granted the motion of General Motors and Tri-Mark for summary judgment dismissing the plaintiff's cause of action based on Labor Law § 200. The record supports the conclusion that neither of these defendants directed or controlled the plaintiff's work ( see, Comes v. New York State Elec. Gas Corp., 82 N.Y.2d 876; Simms v. City of New York, 221 A.D.2d 332).
The plaintiff's cause of action under Labor Law § 241 (6) was also properly dismissed insofar as asserted against General Motors and Tri-Mark as the plaintiff failed to plead or prove a violation of a specific safety regulation promulgated by the New York State Commissioner of Labor ( see, Ross v. Curtis-Palmer Hydro-Elec. Co., 81 N.Y.2d 494).
Lastly, the Supreme Court correctly determined that, on this record, there is no basis upon which the defendant Sky Hook, Inc. may be found liable to the plaintiff.
Rosenblatt, J. P., Miller, Ritter and Copertino, JJ., concur.