Appellate Division of the Supreme Court of the State of New York September 29, 2006, Appeal No. 1 (Smith v. Fayetteville-Manlius Central School District)

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered May 10, 2005 in a personal injury action. The order, insofar as appealed from, denied in part defendant’s motion for summary judgment and granted that part of plaintiffs’ cross motion for partial summary judgment on liability on the Labor Law § 240 (1)" cause of action.