TANZER v. TERZI PRODUCTIONS

Plaintiff, who was injured when the ladder he was standing on slipped while he was in the process of temporarily decorating the building by attaching scenery and other objects in order to change its appearance for a period of brief duration in which the building was used as a set for making a television film, was engaged in work that did not affect the structural integrity of the building. Therefore, his claim does not fall within the purview of Labor Law § 240 (1) (see, Perchinsky v. State of New York, 232 A.D.2d 34).

Plaintiff's Labor Law § 200 claim against defendants-respondents was also properly dismissed, since it is clear that they exercised no supervisory control over plaintiff's actions (see, Gregorio v. Getty Petroleum Corp., 201 A.D.2d 278).

We have considered plaintiff's other arguments and find them to be without merit.

Concur — Ellerin, J. P., Williams, Tom and Mazzarelli, JJ.