Dyrmyshi v. Clifton Place Development Group, Inc.

In an action to recover damages for personal injuries, the defendant Monticello Construction Corp., appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated March 26, 2003, as granted the plaintiffs motion for summary judgment against it on the issue of liability on the cause of action pursuant to Labor Law § 240 (1), and as failed to determine its cross motion to sever the second third-party action pursuant to CPLR 603.

Ordered that the appeal from so much of the order as failed to determine the cross motion is dismissed, as that cross…