Noriega v. State Street Bank & Trust Co. of Connecticut

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered September 3, 1999, which, to the extent appealed from, denied defendants-appellants’ cross motion for summary judgment dismissing the complaint as against them, unanimously modified, on the law, to grant the motion to the extent awarding defendants-appellants summary judgment dismissing plaintiffs Labor Law § 240 (1) claim, and otherwise affirmed, without costs.

The motion court erred in denying defendants-appellants’ summary judgment dismissing plaintiffs Labor Law § 240 (1) claim because plaintiffs fall was not, under the…