King v. Malone Home Builders, Inc.

*1647Appeal and cross appeal from an order of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered February 25, 2015. The order, among other things, conditionally granted that part of plaintiff’s motion for partial summary judgment with respect to liability under Labor Law § 240 (1).

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting plaintiff’s motion in its entirety and dismissing defendant’s 12th affirmative defense and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this Labor Law action seeking…