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GALE v. RUNNING BROOK BUILDERS, INC.

261 A.D.2d 436 (1999)

690 N.Y.S.2d 89

WILLIAM GALE et al., Appellants, v. RUNNING BROOK BUILDERS, INC., Defendant and Third-Party Plaintiff-Respondent, and EZE EQUIPMENT COMPANY, INC., Respondent. LAWN MASTERS, INC., Third-Party Defendant-Respondent.

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

Decided May 10, 1999.

Ordered that the appeal from the order entered June 26, 1998, is dismissed, as no appeal lies from an order denying a motion for reargument; and it is further,

Ordered that the order entered April 8, 1998, is modified by deleting the provision thereof granting those branches of the motions which were for summary judgment dismissing the plaintiffs' cause of action under Labor Law § 240 (1) and substituting therefor a provision denying those branches of the motions...

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