Appellate Division of the Supreme Court of the State of New York December 9, 2002 (Tersigni v. City of New York)

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Flug, J.), dated November 23, 2001, which denied their motion for summary *390judgment on the issue of liability on their causes of action pursuant to Labor Law § 240 (1).

Ordered that the order is affirmed, with costs.