Appellate Division of the Supreme Court of the State of New York June 14, 2004 (Powers v. Carrols Corp.)

Appeal from an order of the Supreme Court, Erie County (Barbara Howe, J.), entered July 31, 2003 in an action to recover damages for personal injuries. The order granted plaintiffs’ motion for partial summary judgment on liability on the Labor Law § 240 (1) claim and denied the cross motion of defendant Carrols Corporation, doing business as Burger King, to dismiss the Labor Law §§ 200, 240 (1)