Per Curiam
The panel heard an appeal regarding an amended order in which the Civil Court granted a motion by respondents to set aside a jury verdict on the issue of liability in favor of plaintiff Osorio and against them, and to dismiss the complaint. Osorio was working the basement of the Pizza Del defendants using a highly flammable glue to affix aluminum panels to a wooden frame. After a bucket of the glue was opened, a fire started in the basement and Osorio was injured, commencing this action alleging violations of Labor Law §§200, 240 and 241(6). The civil court sustained an objection to testimony regarding garbage in the basement, which, among other things, impeded Osori’s egress from the basement. The panel noted the glue was provided to Osorio by his employer, thus his claim that Pizza-Del knew the work required use of flammable glue was based on speculation that Pizza-Del’s principal was told how the work was to be performed. It found Osorio was injured by the methods or materials of his work, not by a dangerous condition, concluding the jury’s verdict was correctly set aside. The panel ruled Osorio’s claim evidence was sufficient to support an alternative theory of liability based on a dangerous condition was meritless, affirming the order.
