Opinion
March 21, 2001.
Appeal from Order of Supreme Court, Onondaga County, Murphy, J. — Summary Judgment.
PRESENT: PIGOTT, JR., P. J., GREEN, HAYES, BURNS AND LAWTON, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:
Supreme Court erred in granting that part of the cross motion of defendant Angelo Spadotto Construction, Inc. (Spadotto) seeking summary judgment dismissing the cause of action alleging common-law negligence and the violation of Labor Law § 200. There is an issue of fact whether Spadotto controlled the manner and method of the work of plaintiff James Pope ( see, Colella v. Donaldson, 261 A.D.2d 912), thus precluding an award of summary judgment on that cause of action ( see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562). We therefore modify the order by denying the cross motion in part and reinstating that cause of action.