Opinion
No. 2007-04194.
February 13, 2008.
In an action to recover damages for personal injuries, the plaintiff appeals from an amended interlocutory judgment of the Supreme Court, Suffolk County (Weber, J.), entered April 26, 2007, which, upon an order of the same court dated June 16, 2006, granting the motion of the defendant Charles Hofer Painting Wallpapering, Inc., for summary judgment dismissing the complaint insofar as asserted against it and denying his cross motion for summary judgment against that defendant on the issue of liability under Labor Law § 240 (1), dismissed the complaint insofar as asserted against the defendant Charles Hofer Painting Wallpapering, Inc.
Lawrence A. Wilson, New York, N.Y. (Alexander J. Wulwick of counsel), for appellant.
Shayne, Dachs, Corker, Sauer Dachs, LLP, Mineola, N.Y. (Jonathan A. Dachs of counsel), for respondent.
Before: Rivera, J.P., Santucci, Covello and Balkin, JJ.
Ordered that the amended interlocutory judgment is affirmed, with costs.
The defendant Charles Hofer Painting Wallpapering, Inc., established its prima facie entitlement to judgment as a matter of law by submitting evidence that it was not an owner, contractor, or agent for purposes of liability under Labor Law § 240 (1) ( see Labor Law § 240; Blake v Neighborhood Hous. Servs. of N.Y. City, 1 NY3d 280). In opposition, the plaintiff failed to raise a triable issue of fact ( see Alvarez v Prospect Hosp., 68 NY2d 320, 324).