Holiday v. Perry

*1037Appeal from that part of an order of Supreme Court, Steuben County (Furfure, J.), entered November 13, 2002, that granted plaintiffs’ cross motion seeking partial summary judgment on liability on the cause of action under Labor Law § 240 (1) and dismissal of defendant’s affirmative defenses alleging plaintiffs culpable conduct and assumption of risk.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying that part of plaintiffs’ cross motion seeking partial summary judgment on liability on the Labor Law § 240 (1) cause of…