Scott v. University of Rochester

Appeal from an order of Supreme Court, Monroe County (Lunn, J.), entered August 19, 2002, which denied the motion of third-party defendant Ruffin’s A-l Contracting, Inc. seeking leave to renew.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Supreme Court properly denied the motion of third-party defendant Ruffin’s A-l Contracting, Inc. (Ruffin’s) seeking leave to renew with respect to plaintiff’s motion for partial summary judgment on liability under Labor Law § 240 (1). We reject the contention of Ruffin’s that “there…