McDaniel v. Fischione Construction Co.

Appeal from an order of Supreme Court, Erie County (Gorski, J.), entered April 16, 2001, which, inter alia, granted plaintiffs cross motion for partial summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is affirmed without costs.

Memorandum: Supreme Court properly granted plaintiffs cross motion for partial summary judgment pursuant to Labor Law § 240 (1). Plaintiff, an employee of third-party defendant, Keith Ramsey Drywall Services, Inc. (Ramsey), was installing drywall in a room with a cathedral ceiling in a home owned by defendant and third-party…