Villegas v. Volmar Construction, Inc.

—In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Garry, J.), dated September 2, 1998, as granted the motion of the defendants Volmar Construction, Inc., and Franco Belli Plumbing and Heating, Inc., for partial summary judgment dismissing the claims against them which were predicated upon Labor Law § 240 (1) and dismissed the entire complaint insofar as asserted against them.

Ordered that the order is modified, on the law, by deleting the provision thereof dismissing the complaint insofar as asserted…