Sciora v. New York State Department of Transportation

In a claim to recover damages for personal injuries, the claimant appeals, as limited by his brief, from so much of an order of the Court of Claims (Silverman, J.), dated July 20, 1994, as denied his motion for partial summary judgment on the issue of liability on the second cause of action under Labor Law § 240 (1), and granted that branch of the defendant’s motion which was for summary judgment dismissing the second cause of action.

Ordered that the order is affirmed insofar as appealed from, with costs.

The cause of action based upon Labor Law § 240 (1) was properly dismissed because the…