Appellate Division of the Supreme Court of the State of New York February 23, 2010 (Garzon v. Metropolitan Transportation Authority)

Order, Supreme Court, New York County (Donna M. Mills, J.), entered March 11, 2009, insofar as it granted defendants’ motion for summary judgment dismissing plaintiffs’ Labor Law § 240 (1) claim and denied plaintiffs’ cross motion for partial summary judgment on the issue of liability under section 240 (1), unanimously affirmed, without costs.