Calabro v. City of New York

—In an action to recover damages for personal injuries, etc., the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (R. Goldberg, J.), dated January 28, 1998, as granted that branch of the plaintiffs’ motion which was for partial summary judgment on the issue of liability under Labor Law § 240 (1), and denied its cross motion for summary judgment dismissing the complaint.

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

The work engaged in by the injured plaintiff at the time of his accident constituted the repair of…