Opinion
June 9, 1997
Appeal from the Supreme Court, Westchester County (Cowhey, J.).
Ordered that the order is modified, on the law, with costs, by deleting therefrom the provision denying that branch of the motion of the defendant Walsh Construction Company which was for summary judgment dismissing the plaintiffs' common-law negligence cause of action and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the appellant payable by the plaintiffs.
The dismissal of the plaintiffs' Labor Law § 200 cause of action against the defendant Walsh Construction Company (hereinafter Walsh) was upheld on a previous appeal to this Court (see, Lattanzi v. International Bus. Machs. Corp., 237 A.D.2d 259). To the extent that a common-law negligence cause of action is premised upon the same theory as an owner's or general contractor's duty to provide a safe workplace, it is one and the same with the Labor Law § 200 cause of action (see, Dunham v. Hilco Constr. Co., 89 N.Y.2d 425; Vilardi v. Berley, 201 A.D.2d 641). Therefore, the various allegations of negligence on the part of Walsh which were considered and rejected on the previous appeal are now the law of the case (see, Vedic Hertigate v. Patel, 232 A.D.2d 477). In any event, there is no evidence establishing that any acts or omissions whatsoever on the part of Walsh contributed to the injured plaintiff's accident.
However, any cross claims asserted against Walsh are not dismissed, as Walsh failed to demonstrate why any of these cross claims should be dismissed.
Miller, J.P., Joy, Goldstein and Florio, JJ., concur.