Hamann v. City of New York

In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Queens County (Lerner, J.), dated June 6,1994, which denied their motion for summary judgment on the issue of liability pursuant to Labor Law § 240 (1).

Ordered that the order is modified, on the law, by adding thereto a provision that upon searching the record partial summary judgment is granted to the defendant and so much of the complaint as asserts a cause of action under Labor Law § 240 (1) is dismissed; as so modified, the order is affirmed, with one bill of costs to the…