Opinion
Submitted March 21, 2001.
April 16, 2001.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Dutchess County (Pagones, J.), dated May 1, 2000, as denied that branch of his cross motion which was for summary judgment on the issue of liability pursuant to Labor Law § 240(1).
O'Hare O'Hare, P.C., Poughkeepsie, N.Y. (Stephen P. O'Hare of counsel), for appellant.
Kornfeld, Rew, Newman Ellsworth, Suffern, N.Y. (William S. Badura of counsel), for defendant third-party plaintiff-respondent.
McCabe Mack, LLP, Poughkeepsie, N.Y. (Christina M. Bookless of counsel), for third-party defendant-respondent.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, DANIEL F. LUCIANO HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied that branch of the plaintiff's cross motion which was for summary judgment on the issue of liability pursuant to Labor Law § 240(1) because there are questions of fact as to how the accident occurred (see, Castronovo v. Doe, 274 A.D.2d 442; Avendano v. Sazerac, Inc., 248 A.D.2d 340).
SANTUCCI, J.P., ALTMAN, LUCIANO and H. MILLER, JJ., concur.