Opinion
2002-03267
Argued December 17, 2002.
January 21, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), dated February 19, 2002, as granted the motion of the defendant Luisa Tejada, in effect, for summary judgment dismissing the common-law negligence claim insofar as asserted against her.
Yankowitz Law Firm, P.C., Great Neck, N.Y. (Ken Yilmaz and Christopher Gladd of counsel), for appellant.
Diamond, Cardo, King, Peters Fodera, New York, N.Y. (Deborah F. Peters of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
There is no evidence in the record that the respondent homeowner had control of the method or manner in which the work was performed (see Duarte v. East Hills Constr. Corp., 274 A.D.2d 493; Kolakowski v. Feeney, 204 A.D.2d 693; Spinillo v. Strober Long Is. Bldg. Material Ctrs., 192 A.D.2d 515). In the absence of any triable issues of fact, the Supreme Court correctly granted summary judgment to the respondent, in effect, dismissing the common-law negligence claim insofar as asserted against her.
The plaintiff's remaining contentions are without merit.
FEUERSTEIN, J.P., KRAUSMAN, MASTRO and RIVERA, JJ., concur.