Andro v. City of New York

In an action to recover damages for personal injuries, the defendants appeal from an amended order of the Supreme Court, Queens County (Flug, J.), dated March 27, 2008, which granted that branch of the plaintiff’s motion which was for summary judgment on the issue of liability on the cause of action to recover damages pursuant to Labor Law § 240 (1) and, in effect, denied that branch of their cross motion which was for summary judgment dismissing that cause of action.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the plaintiffs motion…