Appellate Division of the Supreme Court of the State of New York December 9, 2004 (Samuel v. Simone Dev. Co.)

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered on or about September 11, 2003, which, insofar as appealed from as limited by the briefs, granted defendant’s mo*113tion for summary judgment dismissing plaintiffs Labor Law § 240 (1) and § 241 (6) claims and denied plaintiffs cross motion for partial summary judgment on his Labor Law § 240 (1) claim, unanimously reversed, on the