Appellate Division of the Supreme Court of the State of New York December 30, 2004 (Ward v. Cedar Key Associates, L.P.)

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered August 15, 2003. The order granted plaintiffs motion for partial summary judgment on liability pursuant to Labor Law § 240 (1) in a personal injury action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.