Rigby v. Brisky Family Ltd. Partnership

Appeal and cross appeal from an order of the Supreme Court, Wayne County (Stephen R. Sir kin, A.J.), entered March 21, 2008 in a personal injury action. The order denied plaintiffs motion for partial summary judgment and defendants’ cross motion for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the cross motion in part and dismissing the common-law negligence and Labor Law §§ 200 and 240 (1) causes of action and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this Labor Law and common-law…