Opinion
March 6, 1995
Appeal from the Supreme Court, Rockland County (Meehan, J.).
Ordered that the order is reversed, insofar as appealed from, on the law, with one bill of costs to the appellants appearing separately and filing separate briefs, and the branches of their motions which were for summary judgment dismissing the plaintiff's cause of action pursuant to Labor Law § 200 and all cross claims and counterclaims is granted and the complaint and all cross claims and counterclaims are dismissed insofar as they are asserted against the defendants Cardinal Development Corp. and J. Montana Contracting Corp.
Upon our review of the record, we conclude that the plaintiff has failed to demonstrate that the defendants Cardinal Development Corp. and J. Montana Contracting Corp. (hereinafter the appellants) had actual or constructive notice of the alleged unsafe condition which caused the accident, or that they exercised sufficient control over the work being performed to correct the alleged unsafe condition. In addition, the alleged unsafe condition was inherent in the nature of the work being performed and could not form the basis of liability. Accordingly, the plaintiff could not recover from the appellants under either common law negligence or Labor Law § 200 (see, Lombardi v Stout, 80 N.Y.2d 290; Russin v. Picciano Son, 54 N.Y.2d 311; Allen v. Cloutier Constr. Corp., 44 N.Y.2d 290; Persichilli v Triborough Bridge Tunnel Auth., 16 N.Y.2d 136; Stephens v Tucker, 184 A.D.2d 828). Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.