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  5. 249 A.D.2d 262 (1998)
 

FAIR v. 431 FIFTH AVE. ASSOCS.

249 A.D.2d 262 (1998)

670 N.Y.S.2d 359

James Fair, Respondent, v. 431 Fifth Avenue Associates, Defendant, and Flushing Ironworks Corp., Defendant and Third-Party Plaintiff-Appellant. Practical Construction Ltd., Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 6, 1998

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The Supreme Court properly denied that branch of the cross motion of the subcontractor Flushing Ironworks Corp. which was to dismiss the plaintiff's causes of action under Labor Law § 200 and common-law negligence, since issues of fact exist as to whether it controlled or supervised the work site where the plaintiff was injured (

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