Appellate Division of the Supreme Court of the State of New York April 30, 2004 (Pursel v. Wellco, Inc.)

Appeal and cross appeals from an order of the Supreme Court, Steuben County (Peter C. Bradstreet, A.J.), entered July 16, 2003. The order denied plaintiffs’ motion for partial summary *1097judgment on liability on the Labor Law § 240 (1) claim and denied defendants’ and third-party defendant’s cross motions for summary judgment dismissing that claim.