Ficano v. Franklin Stucco Supply, Inc.

In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Partnow, J.), dated April 7, 2009, as denied its motion for summary judgment dismissing the complaint and granted that branch of the plaintiffs’ cross motion which was for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1).

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendant’s motion for summary judgment dismissing the…