Quarcini v. National Fuel Gas Co.

Appeal from a decision of the Supreme Court, Niagara County (Richard C. Kloch, *1733Sr., 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).

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 plaintiff’s motion for partial summary judgment on liability with respect to the Labor Law § 240 (1) claim. The appeal must be dismissed because that…