Rodriguez v. Margaret Tietz Center for Nursing Care, Inc.

In an action to recover damages for personal injuries, the third-party defendant appeals from so much of an order of the Supreme Court, Queens County (Di Tucci, J.), dated March 1, 1989, as denied its cross motion for partial summary judgment dismissing the claim involving Labor Law § 240 (1).

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

The record reveals that the plaintiff Gary Rodriguez was injured while working as a roofer for an independent contractor, the third-party defendant Restor Technologies, Inc. (hereinafter Restor). The plaintiff claims he was injured…