Torres v. Springcreek Associates

—Appeal from an order of Supreme Court, Monroe County (Barry, J.), entered April 12, 2001, which, inter alia, granted defendants’ motion for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of defendants’ motion seeking summary judgment dismissing the Labor Law § 241 (6) claim and reinstating that claim and as modified the order is affirmed without costs.

Memorandum: Supreme Court erred in granting that part of defendants’ motion seeking summary judgment dismissing the Labor Law § 241 (6) claim,…