Opinion
01-01997
Argued April 26, 2002
June 3, 2002
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Kings County (G. Aronin, J.), dated December 18, 2000, as denied their motion for partial summary judgment on the issue of liability on their cause of action pursuant to Labor Law § 240(1).
Friedman Friedman, New York, N.Y. (Daniel J. Friedman of counsel), for appellants.
Jacobowitz, Garfinkel Lesman, New York, N.Y. (Carol A. Moore of counsel), for defendants third-party plaintiffs-respondents.
James P. O'Connor (Clark Maffei, New York, N.Y. [Robert D. Clark] of counsel), for third-party defendant-respondent.
MYRIAM J. ALTMAN, J.P., ROBERT W. SCHMIDT, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
There are triable issues of fact requiring the denial of summary judgment.
ALTMAN, J.P., SCHMIDT, TOWNES and COZIER, JJ., concur.