David Carpenter, Appellant, v. 149 Edison Street, Inc., Doing Business as Lonestar Construction, Respondent

—Order insofar as appealed from unanimously reversed on the law without costs, motion denied and negligence cause of action and Labor Law § 200 claim reinstated. Memorandum: Supreme Court erred in granting defendant’s motion for summary judgment dismissing the negligence cause of action and Labor Law § 200 claim. In support of the motion, defendant submitted only the affirmation of its attorney, which is not sufficient to establish defendant’s entitlement to judgment as a matter of law (see, Alvarez v Prospect Hosp., 68 NY2d 320, 324-325). (Appeal from Order of Supreme Court, Erie County, Burns, J. — Summary Judgment.) Present — Denman, P. J., Hayes, Wisner, Hurlbutt and Callahan, JJ