DURFEE v. EASTMAN KODAK COMPANY

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:

Supreme Court properly dismissed the Labor Law § 200 and common-law negligence causes of action. The dangerous condition arose from the contractor's methods; the owner exercised no supervisory control over the work that resulted in injuries to Richard Durfee (plaintiff) (see, Comes v New York State Elec. Gas Corp., 82 N.Y.2d 876; Mamo v Rochester Gas Elec. Corp., 209 A.D.2d 948).

The court erred, however, in granting that part of defendant's motion for summary judgment seeking dismissal of the Labor Law § 241 (6) cause of action (see, Baird v. Lydall, Inc., Manning Div., 210 A.D.2d 577; Samiani v. New York State Elec. Gas Corp., 199 A.D.2d 796). Plaintiff alleged a violation of a specific regulation as required by Ross v. Curtis-Palmer Hydro-Elec. Co. ( 81 N.Y.2d 494, 501-505), i.e., section 23-1.7 (d) of the Industrial Code ( 12 NYCRR 23-1.7 [d]). That section requires employers to remove, sand or cover any elevated work surface that is in a slippery condition, and plaintiff alleged that the roof on which he was working was slippery.