Opinion
2002-01692
Argued February 10, 2003.
March 3, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), entered January 25, 2002, as granted the defendant's motion for summary judgment dismissing the complaint and denied those branches of his cross motion which were for leave to amend the complaint to assert a cause of action pursuant to Labor Law § 200 and for summary judgment on the issue of liability.
David L. Taback, P.C., New York, N.Y. (Denise A. Rubin of counsel), for appellant.
Quirk and Bakalor, P.C., New York, N.Y. (Donna H. Bakalor of counsel), for respondent.
Wallace D. Gossett, Brooklyn, N.Y. (Anita Isola of counsel), for third-party defendants Metropolitan Transportation Authority and New York City Transit Authority (relying on the brief filed by the respondent).
Before: DAVID S. RITTER, J.P., LEO F. McGINITY, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The defendant established its entitlement to judgment as a matter of law (see CPLR 3212[b]; Zuckerman v. City of New York, 49 N.Y.2d 557; Russin v. Picciano Son, 54 N.Y.2d 311, 317; Allen v. Cloutier Constr. Corp., 44 N.Y.2d 290, 299). In opposition, the plaintiff failed to raise a triable issue of fact (see Loiacono v. Lehrer McGovern Bovis, 270 A.D.2d 464).
The plaintiff's remaining contentions are without merit (see CPLR 3025[b], [c]; Labor Law § 200; Parisi v. Leppard, 237 A.D.2d 419, 420; Monaco v. New York Univ. Med. Ctr., 213 A.D.2d 167; Comes v. New York State Elec. Gas Corp., 82 N.Y.2d 876; O'Gorman v. Gold Shield Sec. Investigation, 221 A.D.2d 325; Bernal v. Pinkerton's Inc., 52 A.D.2d 760, affd 41 N.Y.2d 938).
RITTER, J.P., McGINITY, TOWNES and MASTRO, JJ., concur.