Chape v. Isata, LLC

In an action to recover damages for personal injuries, etc., the defendant Cava Construction Co., Inc., appeals, as limited by its notice of appeal and by its letter dated May 23, 2005, from so much of an order of the Supreme Court, Queens County (Polizzi, J.), dated September 29, 2003, as granted the plaintiffs’ motion for summary judgment on the issue of liability pursuant to Labor Law § 240 (1).

Ordered that the order is affirmed insofar as appealed from, with costs to the respondents.

*521The plaintiffs established their prima facie entitlement to summary judgment (see Martinsen v County of…