Opinion
Submitted February 23, 2000.
March 30, 2000.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Dye, J.), entered May 10, 1999, which, upon a jury verdict in favor of the defendant and against them, dismissed the complaint.
Steven R. Blyer (Majewski Poole, LLP, East Meadow, N Y [Michael Majewski and Nicole Norris Poole] of counsel), for appellants.
Fiedelman McGaw, Jericho, N.Y. (James K. O'Sullivan of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, LEO F. McGINITY, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs.
The act of painting a hallway is not work of an inherently dangerous nature as to render a building owner liable for the negligence of an independent contractor (see, MacDonald v. Heuer, 253 A.D.2d 795 ; Rodriguez v. Lex Assocs., 235 A.D.2d 354 ; Fischer v. Battery Bldg. Maintenance Co., 135 A.D.2d 378 ; cf., Beck v. Woodward Affiliates, 226 A.D.2d 328 ). Thus, the Supreme Court properly refused to submit an interrogatory to the jury on this issue.
O'BRIEN, J.P., ALTMAN, FRIEDMANN, McGINITY and SMITH, JJ., concur.