Swedenhjelm v. Safway Steel Products, Inc.

Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered April 8, 2004 in a personal injury action. The order, insofar as appealed from, denied plaintiff’s motion for partial summary judgment on the issue of liability under Labor Law § 240 (1) and granted that part of defendant’s cross motion for summary judgment dismissing the Labor Law § 240 (1) cause of action.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, that part of the cross motion with respect to the third cause of…