DALTON v. NEW WATER STREET CORP

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Supreme Court, Appellate Division, First Department, New York.

John DALTON, et al., Plaintiffs-Appellants, v. NEW WATER STREET CORP., et al., Defendants-Respondents.

[And Other Actions]. New Water Street Corporation, et al., Third Third-Party Plaintiffs, v. One Source, Third Third-Party Defendant-Respondent.

Decided: June 19, 2001

ROSENBERGER, J.P., WILLIAMS, TOM, WALLACH and FRIEDMAN, JJ. Peter Urreta, for Plaintiffs-Appellants. Steven H. Kaplan, Marie R. Hodukavich, for Defendants-Respondents. Courtney M. Robbins, for One Source.

Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about September 11, 2000, which granted defendants-respondents' motions for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

 The action, which seeks damages for personal injuries sustained when plaintiff, an electrician in the employ of a third-party defendant, slipped and fell while wheeling a large computer down the ramp of a loading dock, was properly dismissed as against defendants-respondents, the present and former owners of the building.   There is no cause of action under Labor Law § 241(6) since plaintiff was not engaged in any construction, excavation or demolition work (see, Joblon v. Solow, 91 N.Y.2d 457, 466, 672 N.Y.S.2d 286, 695 N.E.2d 237;  Vilardi v. Berley, 201 A.D.2d 641, 643-644, 608 N.Y.S.2d 243, lv. denied 83 N.Y.2d 760, 616 N.Y.S.2d 15, 639 N.E.2d 755).   Nor can the owners be held liable under Labor Law § 200 or the common law where they did not exercise any supervisory control over the activity that brought about the injury, unless plaintiff's injuries were caused by a dangerous condition on the premises of which the owners had notice (see, Comes v. New York State Elec. & Gas Corp., 82 N.Y.2d 876, 877, 609 N.Y.S.2d 168, 631 N.E.2d 110;  Lombardi v. Stout, 80 N.Y.2d 290, 295, 590 N.Y.S.2d 55, 604 N.E.2d 117).   It does not aid plaintiff to claim that he slipped on a cellophane strip of which the owners had constructive notice by reason of a recurring windy condition that caused paper and other lightweight debris to swirl about the loading dock area, absent evidence that the loading dock area was negligently maintained (see, Piacquadio v. Recine Realty Corp., 84 N.Y.2d 967, 622 N.Y.S.2d 493, 646 N.E.2d 795;  Andrus v. National Westminster Bank, 266 A.D.2d 171, 697 N.Y.S.2d 323;  cf., Megally v. 440 W. 34th St. Co., 246 A.D.2d 346, 667 N.Y.S.2d 716).