Brown v. Ciminelli-Cowper, Inc.

Appeal from that part of an order of Supreme Court, Chautauqua County (Gerace, J.), entered October 22, 2002, that denied that part of defendant’s motion seeking summary judgment dismissing the Labor Law § 241 (6) cause of action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Supreme Court properly denied that part of defendant’s motion seeking summary judgment dismissing the *1309Labor Law § 241 (6) cause of action. Defendant failed to establish as a matter of law that plaintiffs fall from a scissor lift does not give…