Opinion
July 15, 1996
Appeal from the Supreme Court, Orange County (Peter C. Patsalos, J.).
Ordered that the appeal and cross appeals from the orders are dismissed; and it is further,
Ordered that the interlocutory judgment is affirmed insofar as appealed from; and it is further,
Ordered that the plaintiffs-respondents are awarded one bill of costs payable by the appellant-respondent and the respondent-appellant.
The appeals and cross appeals from the intermediate orders must be dismissed because the right of direct appeal and cross appeal therefrom terminated with the entry of the interlocutory judgment in the action (see, Matter of Aho, 39 N.Y.2d 241, 248). The issues raised on the appeals from the orders are brought up for review and have been considered on the appeal from the interlocutory judgment (see, CPLR 5501 [a] [1]).
The Supreme Court properly denied summary judgment in favor of the plaintiff Bruce Fox's employer, Thomas O'Connor Co., Inc. (hereinafter O'Connor), dismissing the plaintiffs' Labor Law § 200 cause of action, since there were questions of fact regarding the extent to which the allegedly dangerous conditions at the plant resulted from the owner's operations or from the employer's work methods (see, Kinsler v. Lu-Four Assocs., 215 A.D.2d 631; Maher v. Atlas Tr. Mix Corp., 104 A.D.2d 591).
The Supreme Court also correctly concluded that a violation of 12 NYCRR 23-1.7 (d) was sufficient to support a cause of action under Labor Law § 241 (6) (see, Ciraolo v. Melville Ct. Assocs., 221 A.D.2d 582; Durfee v. Eastman Kodak Co., 212 A.D.2d 971, 972). Rosenblatt, J.P., Copertino, Altman and Friedmann, JJ., concur.