MADDEX, DAVID v. E.E. AUSTIN & SON, INC.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered March 18, 2015. The order denied the motion of plaintiffs for judgment pursuant to CPLR 4401 and for judgment pursuant to CPLR 4404 (a).

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this Labor Law § 240 (1) action, plaintiffs sought a directed verdict pursuant to CPLR 4401 at the close of proof, asserting that they were entitled to a determination as a matter of law that defendant violated section 240 (1) by failing to provide a proper safety…