Appellate Division of the Supreme Court of the State of New York March 19, 2009 (Voultepsis v. Gumley-Haft-Klierer, Inc.)

Order, Supreme Court, New York County (Joan Madden, J.), entered July 14, 2008, which denied defendant-appellant’s motion for summary judgment dismissing the complaint, and denied plaintiffs’ motion for partial summary judgment on the *525issue of liability on their claim under Labor Law § 240 (1), to strike appellant’s affirmative defense based on the Workers’ Compensation Law, and to strike