Wolfe v. Wayne-Dalton Corp.

Appeal from an order of the Supreme Court, Onondaga County (Anthony J. Paris, J.), entered December 4, 2013. The order, among other things, granted plaintiff’s motion for partial *1282summary judgment pursuant to Labor Law § 240 (1) as against defendants Joanne Leska and Robert Tarson, Jr.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying plaintiff’s motion except insofar as it sought dismissal of the fifth affirmative defense as asserted by defendants Joanne Leska and Robert Tarson, Jr., and as modified the order is affirmed without costs.

Memorandum:…