Cummings v. Doo Wha Sung

Appeal from an order of the Supreme Court, Erie County (John L. Michalski, A.J.), entered June 22, 2015. The order denied the motion of defendant for summary judgment dismissing the complaint and granted the cross motion of plaintiff for partial summary judgment on the issue of defendant’s liability under Labor Law §§ 200 and 241 (6).

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying plaintiff’s cross motion and as modified the order is affirmed without costs.

*1394Memorandum: Plaintiff commenced this Labor Law and common-law negligence action seeking…