In Cappabianca v. Skanska USA Bldg. Inc., 99 AD3d 139 (1st Dept 2012) the plaintiff's work at the job site consisted of cutting bricks with a stationary wet saw. The saw and its stand stood on a wooden pallet which sat on a concrete floor (id. at 142). When in use, a wet saw sprays water on bricks in order to cool and lubricate them, also reducing dust and flying particles (id.). According to the plaintiff's testimony, when the saw that he was using malfunctioned, it sprayed water onto the floor, making it slippery (id. at 142-143). Thereafter, after cutting a brick and turning to place it on an adjacent pallet, the pallet upon which the plaintiff was standing "shifted on the slippery floor as he turned, causing him to lose his footing" and fall (id. at 143). Notably, the Cappabianca Court held that "all of the contributing causes of the accident directly arose from the manner and means in which [the plaintiff] was performing his work" (id. at 144). Thus, "[s]ince the City defendants and Skanska did not control the work that caused the accident, the section 200 and related negligence claims were properly dismissed" (id.). The Cappabianca Court reasoned: "Since defendants could not control the activity that continuously produced the water, namely, the operation of the wet saw, they lacked any ability to correct the unsafe condition and thus were not liable under section 200 or for negligence " (id. at 146).