Appellate Division of the Supreme Court of the State of New York December 23, 2004 (Danton v. Van Valkenburg)

Mercure, J.P.

Appeal from an order of the Supreme Court (McNamara, J.), entered March 4, 2004 in Albany County, which, inter alia, denied plaintiffs’ motion for partial summary judgment on the issue of liability under Labor Law § 240 (1).

In September 2000, plaintiff Bernard C.