Fernicola v. Benenson Capital Co.

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Queens County (Polizzi, J.), dated August 15, 1997, as denied their motion for summary judgment on their cause of action asserted under Labor Law § 240 (1).

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

The plaintiff Joseph Fernicola slipped on grease on the rung of a scaffold as he was descending it, causing him to fall to the ground. Subsequently, he and his wife commenced this action against Benenson Capital Company, sued…