Opinion
April 24, 1989
Appeal from the Supreme Court, Suffolk County (Gerard, J.).
Ordered that the order is affirmed, with costs.
The papers submitted by the plaintiff in opposition to the defendant's cross motion for summary judgment failed to establish that the defendant had actual or constructive notice of the defective condition, i.e., a piece of wood on a stone floor, which allegedly caused the accident. Under these circumstances, the plaintiff's complaint, which is based on the common-law duty to provide a safe place to work, as codified by Labor Law § 200 (1), must be dismissed (Monroe v. City of New York, 67 A.D.2d 89, 95-96). We have examined the plaintiff's remaining arguments, including those relating to Labor Law §§ 240 and 241, and find them to be without merit (DaBolt v. Bethlehem Steel Corp., 92 A.D.2d 70, 74; Sprague v. Louis Picciano, Inc., 100 A.D.2d 247). Mangano, J.P., Brown, Rubin and Kooper, JJ., concur.