Marvin v Korean Air, 2003 NY Slip Op 19413 [2 AD3d 223]

December 11, 2003

Appellate Division, First Department

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Order, Supreme Court, New York County (Barbara Kapnick, J.), entered December 13, 2002, which, inter alia, granted defendants’ cross motion for summary judgment, dismissing plaintiff’s claims pursuant to Labor Law § 240 (1) and § 200, unanimously affirmed, without costs.

The alleged injury-producing activity, plaintiff’s descent from the back of a flatbed truck, did not present risks of the sort that Labor Law § 240 (1) was intended to address ( see Dilluvio v City of New York , 264 AD2d 115 [2000], affd 95 NY2d 928 [2000]; Tillman v Triou’s Custom Homes , 253 AD2d 254, 257 [1999]). Nor, in light of the absence of any evidence that defendants had supervision or control of plaintiff’s work, is there any triable issue with respect to plaintiff’s Labor Law § 200 claim ( see Blessinger v Estee Lauder Cos. , 271 AD2d 343 [2000]). Concur—Nardelli, J.P., Tom, Mazzarelli and Ellerin, JJ.