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KINSLER v. LU-FOUR ASSOCS.

215 A.D.2d 631 (1995)

628 N.Y.S.2d 303

Bennett Kinsler et al., Appellants, v. Lu-Four Associates et al., Respondents, and Lavastone Whirlpool Bath Systems, Inc., Defendant and Third-Party Plaintiff-Respondent. Beato Fuel & Appliance Corp., Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 22, 1995

Ordered that the order and judgment is reversed, on the law, and the motions are denied; and it is further,

Ordered that upon searching the record, the plaintiffs are granted partial summary judgment on the issue of liability on their cause of action under Labor Law § 240 (1) against the defendant Lavastone Whirlpool Bath Systems, Inc.; and it is further,

Ordered that the appellants are awarded one bill of costs payable by the respondents appearing separately...

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