SANTO JR. v. SCRO


43 A.D.3d 897 (2007)

841 N.Y.S.2d 627

MICHAEL J. SANTO, JR., Appellant, v. MARTIN SCRO et al., Defendants, and MDS ENTERPRISES, INC., Respondent.

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

Decided September 11, 2007.


Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendants Martin Scro, Joni Scro, and MDS Enterprises, Inc., which was for summary judgment dismissing the cause of action based on Labor Law § 240 (1) insofar as asserted against the defendant MDS Enterprises, Inc., and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed...

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