Appellate Division of the Supreme Court of the State of New York March 13, 1998 (Olney v. Ciminelli-Cowper Co.)

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting plaintiffs’ motion for partial summary judgment against defendant CiminelliCowper Co., Inc. (Ciminelli), on the issue of liability under Labor Law § 240 (1).