Pilat v. Raymond LeChase, Inc.

—Order unanimously reversed on the law without costs, motion granted and complaint dismissed. Memorandum: Plaintiff, a correction officer assigned to patrol a construction site at Wende Correctional Facility, was injured when he fell into a ditch. Supreme Court erred in denying defendant’s motion for summary judgment dismissing the complaint. With respect to the Labor Law § 200 and common-law negligence claims, defendant established by proof in admissible form that it did not have the requisite supervision or control over plaintiff, and plaintiff failed to raise a question of fact (see,…