Appellate Division of the Supreme Court of the State of New York December 2, 2010 (Johnson v. Small Mall, LLC)

Garry, J.

Appeal from that part of an order of the Supreme Court (Lebous, J.), entered November 9, 2009 in Broome County, which denied plaintiffs motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1).

Plaintiff was injured while repairing roof trusses in defendant’s building.