Zimmerman v. Weig

Appeal from an order of the Supreme Court, Erie County (Nelson H. Cosgrove, J.), entered December 10, 2002. The order, insofar as appealed from, granted plaintiffs motion for partial summary judgment in part in a personal injury action.

*1085It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Contrary to the contention of defendant, Supreme Court properly granted plaintiffs motion insofar as it sought partial summary judgment on liability on the Labor Law § 240 (1) cause of action. Plaintiff established that he was an…