Eberhard v. Alexander Central School District

Appeal from an order of Supreme Court, Genesee County (Noonan, J.), entered October 30, 2002, which granted plaintiff’s motion for partial summary judgment on the issue of liability under Labor Law § 240 (1) and denied defendant’s cross motion for summary judgment dismissing that claim.

*1170It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied, the cross motion is granted and the Labor Law § 240 (1) claim is dismissed.

Memorandum: Plaintiff commenced this action seeking damages for injuries that he…