Opinion
May 19, 1997
Appeal from the Supreme Court, Queens County (Milano, J.).
Ordered that the cross appeal is dismissed, without costs or disbursements, on the ground that the defendant third-party plaintiff is not aggrieved by the order cross-appealed from (see, CPLR 5511; see, Parochial Bus Sys. v. Board of Educ., 60 N.Y.2d 539); and it is further,
Ordered that the order is affirmed insofar as reviewed, without costs or disbursements.
The cause of action pursuant to Labor Law § 241 (6) was properly dismissed as the plaintiff failed to cite an Industrial Code regulation containing concrete specifications applicable to the facts of this case (see, McCole v. City of New York, 221 A.D.2d 605; see also, Phillips v. City of New York, 228 A.D.2d 570; Webber v. City of Dunkirk, 226 A.D.2d 1050). The cause of action under Labor Law § 200 was properly dismissed because the accident occurred as the result of the subcontractor's method of operation, and the defendant general contractor exercised no supervision and control over the subcontractor's work (see, Comes v. New York State Elec. Gas Corp., 82 N.Y.2d 876; Lombardi v. Stout, 80 N.Y.2d 290; Lattanzi v. International Bus. Mach. Corp., 237 A.D.2d 259).
In light of the foregoing, we do not reach the defendant's remaining contention.
Bracken, J.P., Sullivan, Santucci and Altman, JJ., concur.