Garbacki v. K. Hovnani At 80 Northern Westchester, Inc.

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered February 11, 1997, which denied their motion for partial summary judgment on the issue of liability under Labor Law § 240 (1).

Ordered that the order is affirmed, with costs.

The injured plaintiff Bogdan Garbacki, an employee of the third-party defendant Zenon Wcodarczyk doing business as Zeke’s Siding, was injured in the course of his employment when he fell from a scaffold while working at premises owned by the defendant K. Hovnani…