McCune v. Black River Constructors

The court erred, however, in denying that part of defendants’ motion for summary judgment seeking dismissal of the Labor Law § 200 cause of action. Defendants established that they exercised no supervisory control over the method of plaintiff’s work (see, Comes v New York State Elec. & Gas Corp., 82 NY2d 876 , 877). Defendants’ general supervisory authority over safety standards at the work site is insufficient to establish defendants’ liability under section 200 (see, McSweeney v Rochester Gas & Elec. Corp., 216 AD2d 878 , lv denied 86 NY2d 710 ; Mamo v Rochester Gas & Elec. Corp., 209 AD2d 948 , 949, lv dismissed 85 NY2d 924 ).

We, therefore, modify the order on appeal by granting that part of defendants’ motion for summary judgment seeking dismissal of the Labor Law § 200 cause of action, and otherwise affirm. (Appeal from Order of Supreme Court, Jefferson County, Schwerzmann, J. — Labor Law.) Present — Pine, J. P., Wesley, Callahan, Davis and Boehm, JJ.