Vera v. NYC Partnership Development Fund Co.

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered on or about May 23, 2006, which, to the extent appealed from as limited by the briefs, denied third-party defendant’s motion for summary judgment dismissing the third-party complaint and denied plaintiffs’ motion for partial summary judgment as to liability on their Labor Law § 240 (1) cause of action, unanimously affirmed, without costs.

Under all of the unique circumstances of this action, as a matter of fairness (see Matter of Hofmann, 287 AD2d 119, 123 [2001]), we decline to give res judicata effect to the Workers’…