Opinion
March 20, 1995
Appeal from the Supreme Court, Orange County (Silverman, J.).
Ordered that the appellant's notice of appeal is deemed an application for leave to appeal, and leave to appeal is granted; and it is further,
Ordered that the order is affirmed insofar as appealed from, with costs.
The order appealed from decides, inter alia, an oral application for reargument made at a conference before the court, which was subsequently supported and opposed by letters from the attorneys for the appellant and the respondent. Because the order does not decide a motion made on notice, it is not appealable as of right (see, CPLR 5701 [a] [2]).
The third and fourth causes of action asserted in the complaint are based upon an alleged breach of Labor Law § 200 and common-law negligence, respectively. In opposition to the appellant's motion for summary judgment, the plaintiff adduced evidence to establish that a question of fact exists as to whether the appellant had any supervisory control over the respondent's work (see, Allen v. Cloutier Constr. Corp., 44 N.Y.2d 290). Since the appellant relies solely on its claim that it exercised no supervisory control, summary judgment was properly denied as to the two causes of action in question. Mangano, P.J., Rosenblatt, Miller and Ritter, JJ., concur.