Opinion
CA 02-01982
May 2, 2003.
Appeal from an order of Supreme Court, Erie County (Fahey, J.), entered December 18, 2001, which, inter alia, granted plaintiff's motion seeking partial summary judgment on liability on the cause of action alleging a violation of Labor Law 240(1).
LAW OFFICES OF JOHN QUACKENBUSH, BUFFALO (JOHN J. QUACKENBUSH, JR., OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
LAW OFFICES OF EUGENE C. TENNEY, BUFFALO (EDWARD J. SCHWENDLER, III, OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: WISNER, J.P., HURLBUTT, SCUDDER, KEHOE, AND LAWTON, JJ.
ORDER
It is hereby ORDERED that said appeal be and the same hereby is unanimously dismissed without costs ( see Loafin' Tree Rest. v. Pardi [appeal No. 1], 162 A.D.2d 985).