DUTTON v. McCABE


49 A.D.3d 1177 (2008)

852 N.Y.S.2d 911

RICKY DUTTON, Appellant, v. ROBERT McCABE, Doing Business as McCABE CONTRACTORS, et al., Respondents.

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

Decided March 14, 2008.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motions in part and reinstating the Labor Law § 240 (1) cause of action and by granting that part of the cross motion seeking partial summary judgment on liability against defendant WTW, Inc., doing business as Bill Wygal Exteriors, and as modified the order is affirmed without costs.

Memorandum:

Plaintiff commenced this Labor Law and common-law negligence...

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