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SCALLY v. REGIONAL INDUSTRIAL PARTNERSHIP

9 A.D.3d 865 (2004)

780 N.Y.S.2d 457

JOSEPH E. SCALLY et al., Appellants-Respondents, v. REGIONAL INDUSTRIAL PARTNERSHIP et al., Respondents, and WEBSTER CRANE SERVICE, INC., Respondent-Appellant. ABB AUTOMATION, INC., Third-Party Plaintiff, and WEBSTER CRANE SERVICE, INC., Third-Party Plaintiff-Appellant, v. ANCOMA, INC., Third-Party Defendant-Respondent.

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

July 9, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying in part the motion of defendants Regional Industrial Partnership and ABB Automation, Inc. for summary judgment with respect to the Labor Law § 240 (1) claim, reinstating that claim and the derivative cause of action against them, denying that part of the motion of defendant Webster Crane Service, Inc. for summary judgment with respect to the Labor...

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