Zak v. United Parcel Service

—Order, Supreme Court, New York County (Lorraine Miller, J.), entered June 24, 1998, which granted defendant’s motion for summary judgment dismissing the complaint, and denied as academic plaintiffs cross motion to amend his bill of particulars, unanimously modified, on the facts, to grant plaintiffs cross motion, and otherwise affirmed, without costs.

*253Plaintiff was injured when electric power was accidentally restored to a conveyer belt he was modifying on defendant’s premises. Plaintiff’s Labor Law § 200 cause of action was properly dismissed because it was established after disclosure that…