Opinion
2449.
December 11, 2003.
Order, Supreme Court, New York County (Barbara Kapnick, J.), entered December 13, 2002, which, inter alia, granted defendants' cross motion for summary judgment, dismissing plaintiff's claims pursuant to Labor Law § 240(1) and § 200, unanimously affirmed, without costs.
Michael J. Hutter, Jr., for Plaintiffs-Appellants.
Brendan T. Fitzpatrick, for Defendants-Respondents.
Before: Nardelli, J.P., Tom, Mazzarelli, Ellerin, JJ.
The alleged injury-producing activity, plaintiff's descent from the back of a flatbed truck, did not present risks of the sort that Labor Law § 240(1) was intended to address ( see Dilluvio v. City of New York, 264 A.D.2d 115, affd 95 N.Y.2d 928; Tillman v. Triou's Custom Homes, 253 A.D.2d 254, 257). Nor, in light of the absence of any evidence that defendants had supervision or control of plaintiff's work, is there any triable issue with respect to plaintiff's Labor Law § 200 claim ( see Blessinger v. Estee Lauder Cos., 271 A.D.2d 343).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.