Opinion
Submitted September 13, 2000.
October 16, 2000.
In an action to recover damages for personal injures, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Schmidt, J.), dated December 10, 1999, as denied his motion for partial summary judgment on his cause of action to recover damages pursuant to Labor Law § 240(1).
Harry I. Katz, P.C. (Paul F. McAloon, P.C., New York, N.Y. of counsel), for appellant.
Smith, Mazure, Director, Wilkins, Young, Yagerman Tarallo, P.C., New York, N.Y. (Michael K. Berman of counsel), for respondents.
Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the plaintiff's motion for partial summary judgment (see, Jacome v. State of New York, 266 A.D.2d 345; Smith v. Hovnanian Co., 218 A.D.2d 68).