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LAUREEN AVERSA, Appellant, v. GARLAIN REALTY et al., Defendants and Third-Party Plaintiffs-Respondents. AUSTIN DRUG STORES, INC., Third-Party Defendant-Respondent.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The Labor Law § 200 and common law negligence causes of action were properly dismissed, because the record establishes that no actions on the part of the respondents were a proximate cause of the plaintiff's accident ( see, Sheehan v. City of New York, 40 N.Y.2d 496; Rivera v. City of New York, 11 N.Y.2d 856). As the nuisance cause of action was premised upon the same theory as the Labor Law § 200/common law negligence causes of action, this cause of action was also properly dismissed ( see, Copart Indus. v. Consolidated Edison Co., 41 N.Y.2d 564).

Ritter, J. P., Altman, Friedmann and Luciano, JJ., concur.

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AVERSA v. GARLAIN REALTY
(Feb 9, 1998)