Fischetto v. LB 745 LLC

*539Order, Supreme Court, New York County (Jane S. Solomon, J.), entered August 22, 2005, which, insofar as appealed from, granted defendant’s motion to dismiss plaintiffs causes of action under Labor Law § 240 (1) and § 200, and denied plaintiffs’ cross motion for summary judgment on the issue of defendant’s liability under Labor Law § 240 (1), unanimously affirmed, without costs. Appeal from order, same court and Justice, entered January 20, 2006, which denied plaintiffs’ motion to reargue, unanimously dismissed, without costs, as taken from a nonappealable order.

The section 240 (1) claim was…