Opinion
2002-04558
November 21, 2002.
December 23, 2002.
In an action to recover damages for personal injuries, etc., the plaintiff Luis Enrique Gonzalez appeals from so much of an order of the Supreme Court, Nassau County (Carter, J.), dated April 8, 2002, as denied his motion for summary judgment on the issue of liability on his cause of action pursuant to Labor Law § 240(1) insofar as asserted against the defendant Plain Edge High School District.
Lorenzo J. Tasso, Long Island City, N.Y., for appellant.
Morenus, Cardoza Conway, Melville, N.Y. (Keith J. Conway of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., NANCY E. SMITH, CORNELIUS J. O'BRIEN, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Contrary to the appellant's contention, the Supreme Court properly denied his motion for summary judgment on his cause of action pursuant to Labor Law § 240(1), since there is an issue of fact as to proximate cause (see Cordeiro v. Shaleo Invs., 297 A.D.2d 486; Ossorio v. Forest Hills S. Owners, 251 A.D.2d 475; Tweedy v. Roman Catholic Church of Our Lady of Victory, 232 A.D.2d 630; Richardson v. Matarese, 206 A.D.2d 353; Styer v. Vita Constr., 174 A.D.2d 662).
We decline to search the record to reach issues raised by the respondent who did not cross-appeal (see Pepito v. City of New York, 262 A.D.2d 619).
FEUERSTEIN, J.P., SMITH, O'BRIEN and GOLDSTEIN, JJ., concur.