Monterroza v. State University Construction Fund

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), dated April 20, 2007, as granted that branch of the defendant third-party plaintiff’s motion which was for summary judgment dismissing the complaint, granted the third-party defendant’s motion for summary judgment dismissing the third-party complaint, and denied his cross motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1).

Ordered that the appeal…