Opinion
June 15, 1999.
Appeal from the Supreme Court, New York County (Barbara Kapnlck, J.).
Summary judgment in defendant building owner's favor is precluded by issues of fact as to its negligence in instructing or supervising defendant independent contractor ( see, Goodman v. 78 W. 47th St. Corp., 253 A.D.2d 384, 386-387). Such factual issues were raised by deposition testimony that it had policies in place concerning the scheduling and place of freight deliveries, consulted with the contractor concerning the scheduling of the work, and decided for itself if and when cones should be used to warn or protect the public. We add, by way of limitation of issues of fact for trial, that the moving of a heavy piece of sheetrock along a busy City sidewalk does not, without more, constitute an inherently dangerous activity ( cf., supra).
Concur — Nardelli, J.P., Williams, Wallach, Lerner and Andrias, JJ.