Majority
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (O. Bellantoni, J.), dated June 8, 2012, which granted the defendant’s motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
Contrary to the plaintiffs contentions, the Supreme Court properly granted the defendant’s motion for summary judgment dismissing the complaint. The defendant demonstrated its prima facie entitlement to judgment as a matter of law dismissing the causes of action asserting violations of Labor Law §§ 240 (1) and 241 (6) by establishing that it was an abutting property owner with no property interest in the premises upon which the plaintiff was injured, and it neither contracted for nor controlled the construction work on the premises (see Guryev v Tomchinsky, 20 NY3d 194 [2012]; Scaparo v Village of Ilion, 13 NY3d 864 [2009]; Ferluckaj v Goldman Sachs & Co., 12 NY3d 316 [2009]; Cortez v Northeast Realty Holdings, LLC, 78 AD3d 754 [2010]; Ryba v Almeida, 27 AD3d 718 [2006]; Billman v CLF Mgt., 19 AD3d 346 [2005]). Moreover, the defendant demonstrated its prima facie entitlement to judgment as a matter of law dismissing the causes of action alleging common-law
Cases cited
- Guryev v. Tomchinsky 20 NY3d 194 p. 748
- Scaparo v. Village of Ilion 13 NY3d 864 p. 748
- Ferluckaj v. Goldman Sachs & Co. 12 NY3d 316 p. 748
- Cortez v. Northeast Realty Holdings, LLC 78 AD3d 754 p. 748, p. 749
- Ryba v. Almeida 27 AD3d 718 p. 748, p. 749
- Billman v. CLF Management 19 AD3d 346 p. 748
- Markey v. C.F.M.M. Owners Corp. 51 AD3d 734 p. 749
- Kwang Ho Kim v. D & W Shin Realty Corp. 47 AD3d 616 p. 749
- Alfonso v. Pacific Classon Realty, LLC 101 AD3d 768 at 769 p. 749