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FRANCISCO CEBALLOS, Appellant, v. GEORGE KAUFMAN et al., Respondents and Third-Party Plaintiffs-Respondents. TIME WARNER CABLE OF NEW YORK CITY et al., Third-Party Defendants-Respondents.

To recover from defendants in their capacity as owners pursuant to Labor Law §§ 240 or 241, it would, under the circumstances of this case, have been necessary for plaintiff to establish that he had been employed by defendants or their agent (see, Brown v. Christopher St. Owners Corp., 211 A.D.2d 441, 442, affd 87 N.Y.2d 938). It is clear, however, that none of defendants hired, or even knew of the retention of, the cable television contractor in whose employment plaintiff was at the time of the accident giving rise to the within action and, accordingly, summary judgment dismissing the Labor Law causes of action was properly granted (see, Brown v. Christopher St. Owners Corp., supra; Aviles v. Crystal Mgt., 233 A.D.2d 129; Marchese v. Grossarth, 232 A.D.2d 924, lv denied 89 N.Y.2d 809).

Concur — Sullivan, J.P., Williams, Tom and Andrias, JJ.

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CEBALLOS v. KAUFMAN
(Apr 7, 1998)