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LLOYD JOHNSON, plf-ap, v. 923 FIFTH AVENUE CONDOMINIUM def-res

9088. LLOYD JOHNSON, plf-ap, v. 923 FIFTH AVENUE CONDOMINIUM def-res — Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for ap — McGaw Alventosa & Zajac, Jericho (Dawn C. DeSimone of counsel), for res — Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered February 23, 2012, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

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9088. LLOYD JOHNSON, plf-ap, v. 923 FIFTH AVENUE CONDOMINIUM def-res — Sim & Record, LLP, Bayside (Sang J. Sim of counsel), for ap — McGaw Alventosa & Zajac, Jericho (Dawn C. DeSimone of counsel), for res — Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered February 23, 2012, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

With respect to plaintiff’s Labor Law §200 and common-law negligence claims, the record demonstrates that plaintiff’s injury was caused by the way he performed his work, not by a dangerous condition of the work site, and that defendants exercised no supervision or control over plaintiff’s work (see Thompson v. BFP 300 Madison II, LLC, 95 AD3d 543 [1st Dept 2012]). To the extent plaintiff’s injury was caused by a tripping hazard on the sidewalk, it does not avail him, since the hazard was created by his employer’s placement of the materials on the sidewalk.

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