Appellate Division of the Supreme Court of the State of New York April 29, 2003 (Nunez v. Bertelsman Property, Inc.)

Order, Supreme Court, Bronx County (Dianne Renwick, J.), entered March 26, 2002, which, to the extent appealed from as limited by the brief, denied defendant’s motion for summary judgment dismissing plaintiffs *488Labor Law § 240 (1) claim and granted plaintiffs cross motion for partial summary judgment on the issue of liability upon his Labor Law § 240 (1) claim, unanimously affirmed, without