Opinion
January 21, 1992
Appeal from the Supreme Court, Kings County (Shaw, J.).
Ordered that the order is affirmed, without costs or disbursements.
On her motion for summary judgment dismissing the complaint, the defendant met her burden of submitting admissible proof that she did not direct or control the work of the contractor whom she hired to perform pointing work on the brick front of her two-family dwelling (see, Labor Law §§ 240, 241) and that the injury arose from a defect in the contractor's own tools (see, Persichilli v. Triborough Bridge Tunnel Auth., 16 N.Y.2d 136, 145; Kajowski v. Irvico Realty Corp., 37 A.D.2d 991; cf., Rimoldi v. Schanzer, 147 A.D.2d 541, 546-547). We reject the plaintiff's contention that summary judgment should have been denied because he had not deposed the contractor. Mere hope that somehow the plaintiff will uncover evidence that will prove a case provides no basis pursuant to CPLR 3212 (f) for postponing a determination of a summary judgment motion (see, Kennerly v. Campbell Chain Co., 133 A.D.2d 669, 670).
We have reviewed the plaintiff's remaining contentions and find them to be without merit. Balletta, J.P., Rosenblatt, Miller and Ritter, JJ., concur.