Custer v. Jordan

Appeal from a judgment and order of the Supreme Court, *1556Cattaraugus County (Michael L. Nenno, A.J.), entered January 23, 2012. The judgment and order, insofar as appealed from, granted that part of the motion of defendant Randy Ewings for summary judgment dismissing the Labor Law § 240 (1) claim against him and denied plaintiffs cross motion for partial summary judgment.

It is hereby ordered that the judgment and order insofar as appealed from is unanimously reversed on the law without costs, that part of the motion of defendant Randy Ewings for summary judgment dismissing the Labor Law § 240…