Opinion
May 7, 1999
Appeal from Order of Supreme Court, Erie County, Sconiers, J. — Summary Judgment.
Present — Pine, J. P., Hayes, Pigott, Jr., Hurlbutt and Callahan, JJ.
Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint. Defendant and John Colella (plaintiff) were installing a monorail system at the factory of plaintiff's employer, which was to furnish any necessary personnel and hoisting equipment. Plaintiff injured his back while assisting defendant in lifting one end of a beam and commenced this action asserting the violation of Labor Law § 200 Lab. and common-law negligence. Because defendant controlled the manner and method of plaintiff's work, he owed a duty to exercise reasonable care for plaintiff's safety with respect to both Labor Law § 200 Lab. and common-law negligence ( see, Russin v. Picciano Son, 54 N.Y.2d 311, 316-317; Zachara v. Occidental Chem. Corp., 144 A.D.2d 926; cf., Kanney v. Goodyear Tire Rubber Co., 245 A.D.2d 1034; Smith v. Cassadaga Val. Cent. School Dist., 178 A.D.2d 955, 957). Because defendant failed to meet his burden of establishing that he was not negligent as a matter of law, the motion must be denied ( see, Amann v. Key Foods Supermarkets, 196 A.D.2d 759; see also, Walsh v. Amherst Constr. Co., 226 A.D.2d 1053).