Opinion
December 27, 2000.
Appeal from Order of Supreme Court, Onondaga County, Major, J. — Summary Judgment.
PRESENT: PIGOTT, JR., P. J., HAYES, HURLBUTT, BALIO AND LAWTON, JJ.
Appeal from order insofar as it concerned Labor Law § 240 (1) claim unanimously dismissed ( see, Loafin' Tree Rest. v. Pardi [appeal No. 1], 162 A.D.2d 985) and order modified on the law and as modified affirmed with costs to plaintiff in accordance with the same Memorandum as in Cornacchione v. Clark Concrete Co. ([appeal No. 2] 278 A.D.2d 400 [decided herewith]).