Rohrback v. Legion Associates Joint Venture

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying the motion of third-party defendant Gordon & Zoerb’s Electrical Contracting, Inc. (Gordon) for summary judgment dismissing the Labor Law § 240 (1) cause of action against defendants Legion Associates Joint Venture, Benchmark Group and Benchmark Development Corporation and in granting plaintiffs’ cross motion for partial summary judgment on liability on that cause of action. Labor Law § 240 (1) is inapplicable because the injury of Robert B.…