Appellate Division of the Supreme Court of the State of New York April 2, 2001 (Gardner v. New York City Transit Authority)

—In an action to recover damages for personal injuries, the defendant New York City Transit Authority appeals from an order of the Supreme Court, Kings County (Bruno, J.), dated December 13, 1999, which granted the plaintiff’s motion for partial summary judgment against it *431on the issue of liability on the cause of action based upon Labor Law § 240 (1).