Opinion
June 9, 1995
Appeal from the Supreme Court, Monroe County, Siracuse, J.
Present — Lawton, J.P., Fallon, Wesley, Davis and Boehm, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiffs' motion for partial summary judgment on liability under Labor Law § 240 because there is a question of fact whether the alleged violation of the statute was a proximate cause of the injuries allegedly sustained by David M. Knight (plaintiff) (see, Rossi v. Main-South Hotel Assocs., 168 A.D.2d 964). The court did not abuse its discretion in granting in part the motions of defendant and third-party defendant to compel disclosure of video evidence concerning the entertainment activities of plaintiff after the date of the accident.