Appellate Division of the Supreme Court of the State of New York June 5, 2009 (Peters v. Kissling Interests, Inc.)

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered December 12, 2007 in a personal injury action. The order, insofar as appealed from, denied that part of plaintiffs motion for partial summary judgment on liability on the Labor Law § 240 (1) cause of action and granted that part of defendant’s cross motion for summary judgment dismissing that cause of action.