Opinion
No. CA 10-02343.
May 6, 2011.
Appeal from a decision of the Supreme Court, Niagara County (Richard C. Kloch, Sr, A.J.), entered February 16, 2010 in a personal injury action. The decision found plaintiff to be entitled to summary judgment on liability pursuant to Labor Law § 240 (1).
GOLDBERG SEGALLA, LLP, BUFFALO (MARIANNE ARCIERI OF COUNSEL), FOR DEFENDANTS-APPELLANTS.
BROWN CHIARI LLP, LANCASTER (SAMUEL J. CAPIZZI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Present — Centra, J.P., Fahey, Lindley, Gorski and Martoche, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Memorandum:
In this Labor Law and common-law negligence action, defendants purport to appeal from an order granting plaintiffs motion for partial summary judgment on liability with respect to the Labor Law § 240 (1) claim. The appeal must be dismissed because that order is not included in the record on appeal ( see Rodriquez v Chapman-Perry, 63 AD3d 645), and "`[n]o appeal lies from a mere decision'" ( Pecora v Lawrence, 28 AD3d 1136, 1137; see Harvey v Gaulin [appeal No. 2], 68 AD3d 1789).
[Prior Case History: 27 Misc 3d 478.]