Opinion
May 2, 1991
Appeal from the Supreme Court, Bronx County (Anita Florio, J.).
In this personal injury action, plaintiff asserts that defendants-appellants are liable to him under sections 200 and 241 (6) of the Labor Law. Plaintiff was injured while employed by third-party defendant Hussey Wood Floors, Inc., when a lacquer finish ignited while plaintiff was applying it to a floor in an apartment in the cooperative apartment building owned by defendant-appellant Fordham Hill Owners Corporation, and managed by defendant-appellant Brown, Harris Stevens, Inc.
The Motion Court held that issues of fact were presented with respect to the knowledge and connection of appellants to the negotiation for and performance of the floor refinishing work.
On the record before this Court the plaintiff has failed to present any evidence demonstrating either that a violation of the Labor Law was a contributing cause of the explosion (see, Herman v Lancaster Homes, 145 A.D.2d 926, lv denied 74 N.Y.2d 601; Amedure v Standard Furniture Co., 125 A.D.2d 170), or that any negligence on the part of appellants caused plaintiff's injuries. Therefore, no factual issue is presented with respect to any liability of appellants, and appellants are entitled to summary judgment.
Concur — Murphy, P.J., Rosenberger, Wallach and Asch, JJ.