Appellate Division of the Supreme Court of the State of New York November 17, 2006 (Watkins v. Capretto Enterprises, Inc.)

Appeal from an order of the Supreme Court, Erie County (Frank A. Sedita, Jr., J.), entered October 7, 2005 in a personal injury action. The order, insofar as appealed from, granted plaintiff’s motion for partial summary judgment on liability under Labor Law § 240 (1) and denied third-party defendant’s cross motion for summary judgment dismissing the complaint and third-party complaint.