Kuhn v Camelot Assn., Inc.
2011 NY Slip Op 02298 [82 AD3d 1704]
March 25, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


James C. Kuhn, Respondent, v Camelot Association, Inc., Appellant. (Appeal No. 1.)

—[*1] Augello & Matteliano, LLP, Buffalo (Joseph A. Matteliano of counsel), for defendant-appellant.

Burgett & Robbins LLP, Jamestown (Mary Speedy Hajdu of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered February 4, 2010 in a personal injury action. The order granted the motion of plaintiff for partial summary judgment on liability pursuant to Labor Law § 240 (1) and denied the cross motion of defendant for summary judgment.

It is hereby ordered that said appeal is unanimously dismissed without costs (see Loafin' Tree Rest. v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present—Smith, J.P., Peradotto, Carni, Lindley and Sconiers, JJ.