Predmore v. EJ Construction Group, Inc.

Appeal from an order of the Supreme Court, Onondaga County (James P Murphy, J.), entered September 6, 2007 in a personal injury action. The order, insofar as appealed from, *1406granted in part defendant’s motion for summary judgment and denied plaintiffs cross motion for partial summary judgment on liability.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in its entirety and reinstating the complaint and as modified the order is affirmed without costs.

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