Bowman v. Beach Concerts, Inc.

Order, Supreme Court, New York County (Richard F. Braun, J.), entered November 7, 2008, which granted the motion of defendants-respondents East-West Touring Company and Cygnus Productions, LLC for summary judgment dismissing the common-law negligence and Labor Law § 200 causes of action, unanimously affirmed, without costs.

As plaintiff concedes, the showing of merit required on a motion to restore is less than that required to defend a motion for summary judgment (see Kaufman v Bauer, 36 AD3d 481 , 482 [2007]). Indeed, this Court has previously held that a finding of merit sufficient to vacate a plaintiffs default does not preclude a subsequent granting of summary judgment to defendants (see Gamiel v Curtis & Reiss-Curtis, P.C., 60 AD3d 473 , 474 [2009], lv dismissed 13 NY3d 763 [2009]; see also Embraer Fin. Ltd. v Servicios Aereos Profesionales, S.A., 42 AD3d 380 , 381 [2007]). Thus, plaintiffs argument that this Court’s prior order was

The motion court correctly found that respondents were entitled to summary judgment dismissing plaintiffs section 200 and common-law negligence claims. The record is devoid of evidence that respondents had the authority to supervise or control the work giving rise to plaintiffs injury (see Mitchell v New York Univ., 12 AD3d 200 , 200-201 [2004]), or that they created or had actual or constructive notice of any allegedly unsafe condition that caused plaintiffs accident (see Canning v Barneys N.Y., 289 AD2d 32 , 33 [2001]). Concur—Gonzalez, P.J., Saxe, Catterson, McGuire and Acosta, JJ.