Justice Paul Wooten
Plaintiff Bottcher sought to recover damages for personal injuries he allegedly sustained as a result of an accident that occurred in the course of his work at a construction site. Plaintiff, an electrician in the employ of Five Star, alleged that he was injured while he was traveling as a passenger in a personnel hoist in a building under construction at 306 West 44th Street. After working in the elevator machine rooms at the top of the premises on the day of his injury, plaintiff claims that he got onto the personnel hoist to descend to the lobby floor. Plaintiff alleged that he was injured when a portion of the personnel hoist he was riding in struck a loading dock landing, causing the rear metal door of the hoist to unexpectedly open and strike plaintiff in the back. Plaintiff now moved for summary judgment on his Labor Law §§200, 240(1) and 241(6) claims as against all defendants. The court denied plaintiff's motion, holding that there was no evidence that the owner, West 44th, had a presence at the project or that it was actually or constructively aware of any defective condition regarding either the loading dock or the hoist.