Kilroy v. S.K. Kum Gang San New York, Inc.

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 (Glover, J.), dated June 1, 2004, as granted the cross motion of the defendant S.K. New York, Inc., for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is modified by deleting the provision thereof granting that branch of the cross motion which was to dismiss the cause of action pursuant to Labor Law § 240 (1) insofar as asserted against S.K. New York, Inc., and substituting therefor…