Pursel v. Wellco, Inc.

Appeal and cross appeals from an order of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered July 16, 2003. The order denied plaintiffs’ motion for partial summary *1097judgment on liability on the Labor Law § 240 (1) claim and denied defendants’ and third-party defendant’s cross motions for summary judgment dismissing that claim.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the cross motions and dismissing the Labor Law § 240 (1) claim and as modified the order is affirmed without costs.

Memorandum:…