| Fiallos v Vin's Crown Realty Assoc. |
| 2010 NY Slip Op 00804 [70 AD3d 630] |
| February 2, 2010 |
| Appellate Division, Second Department |
| Henry Fiallos, Respondent, v Vin's Crown RealtyAssociates, Appellant, et al., Defendants. |
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In an action to recover damages for personal injuries, the defendant Vin's Crown RealtyAssociates appeals, as limited by its brief, from so much of an order of the Supreme Court,Kings County (F. Rivera, J.), dated December 10, 2008, as denied those branches of its motionwhich were for summary judgment dismissing the causes of action alleging common-lawnegligence and a violation of Labor Law § 200 insofar as asserted against it.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and thosebranches of the appellant's motion which were for summary judgment dismissing the causes ofaction alleging common-law negligence and a violation of Labor Law § 200 insofar asasserted against it are granted.
The defendant Vin's Crown Realty Associates (hereinafter the appellant) satisfied its primafacie burden of establishing its entitlement to judgment as a matter of law by demonstrating thatthe plaintiff was injured, not by a dangerous condition, but by the methods or materials of hiswork, and that it did not have the authority to supervise or control the performance of his work(see Ortega v Puccia, 57 AD3d54, 61-63 [2008]; Kwang Ho Kim v D & W Shin Realty Corp., 47 AD3d 616, 620[2008]; Ford v Caliendo & Sons, 305 AD2d 368, 369 [2003]). In opposition, the plaintifffailed to raise a triable issue of fact (see Zuckerman v City of New York, 49 NY2d 557,562 [1980]; Kwang Ho Kim v D & W Shin Realty Corp., 47 AD3d at 620). Accordingly,the appellant was entitled to summary judgment dismissing the causes of action allegingcommon-law negligence and a violation of Labor Law § 200 insofar as asserted against it.Santucci, J.P., Balkin, Eng and Chambers, JJ., concur. [Prior Case History: 22 Misc 3d1122(A), 2008 NY Slip Op 52657(U).]