Jones v. Jay P. Tovey Co., Inc.

Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered September 13, 2016. The order granted plaintiffs’ cross motion for partial summary judgment on the issue of defendant-third-party plaintiff’s liability under Labor Law § 240 (1).

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the cross motion is denied without prejudice.

Memorandum: Stephen J. Jones (plaintiff), an employee and owner of third-party defendant Stephen J. Jones Contracting, Inc., fell from a ladder while working on a single-family…