Pest v. Beeper Connection Paging, Inc.

Order, Supreme Court, New York County (Diane Lebedeff, J.), entered January 11, 2002, which, in an action for personal injuries under Labor Law § 240 (1), denied plaintiff’s motion for summary judgment against defendant-respondent contract lessee (lessee), and granted the lessee’s cross motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

The action was properly dismissed as against the lessee upon a record establishing that it did not hire plaintiff’s employer to do the renovation work that plaintiff was performing at the time of the…