Opinion
March 14, 1997.
Order unanimously affirmed with costs.
Present — Green, J.P., Callahan, Doerr and Balio, JJ.
Supreme Court properly denied the motion of the August Trust for summary judgment dismissing the negligence and Labor Law § 200 causes of action. There are triable issues of fact whether the August Trust exercised control over the Monro Muffler premises and/or were chargeable with actual or constructive notice of the alleged dangerous condition of the overhead hydraulic lift. (Appeal from Order of Supreme Court, Onondaga County, Hayes, J. — Summary Judgment.)