REILLY v. S. DiGIACOMO SON, INC

The owners' cross motion was properly denied because, although no issues of fact exist as to the purely vicarious nature of their liability, their evidence does not establish, as a matter of law, that the general contractor was either negligent or exclusively supervised and controlled plaintiff's work site ( cf., Dias v. Stahl, 256 A.D.2d 235).

Concur — Sullivan, J. P., Tom, Mazzarelli, Rubin and Friedman, JJ.