Opinion
December 23, 1994
Appeal from the Supreme Court, Erie County, Wolfgang, J.
Present — Green, J.P., Pine, Balio, Callahan and Boehm, JJ.
Order unanimously affirmed without costs. Memorandum: Because plaintiff was not engaged in a protected activity within Labor Law § 240 (1) or § 241 (6) at the time of the accident (see, Warsaw v Eastern Rock Prods., 193 A.D.2d 1115), Supreme Court properly granted the motion of Eastern Rock Products, Inc. (Eastern Rock) for summary judgment dismissing those causes of action.
The court also properly granted Eastern Rock's motion for summary judgment dismissing the common-law negligence or Labor Law § 200 cause of action (see, Lombardi v Stout, 80 N.Y.2d 290, 295). The undisputed facts establish that Eastern Rock did not direct, supervise or control the repair work being performed on the machinery. The fact that it retained the right to inspect the work does not amount to control or supervision (see, Ramos v State of New York, 34 A.D.2d 1056, lv denied 28 N.Y.2d 487).