Appellate Division of the Supreme Court of the State of New York April 26, 2012 (Lue v. Finkelstein & Partners, LLP)

Lahtinen, J.

Appeal from an order of the Supreme Court (Ca*1387tena, J.), entered March 31, 2011 in Montgomery County, which, among other things, granted plaintiffs motion for partial summary judgment.

In January 2002, plaintiff, while working for O’Connell Electric, fell from a scissor lift at a construction work site owned by K-Mart Corporation.