Doyle v Niagara Mohawk Power Corp. (2003 NY Slip Op 20192)

Doyle v Niagara Mohawk Power Corp.

2003 NY Slip Op 20192 [2 AD3d 1404]

December 31, 2003

Appellate Division, Fourth Department

As corrected through

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 25, 2004

Timothy M. Doyle, Respondent,
v
Niagara Mohawk Power Corporation, Appellant.

—Appeal from an order of Supreme Court, Erie County (NeMoyer, J.), entered December 23, 2002, which granted plaintiff's motion for partial summary judgment on liability on the Labor Law § 240 (1) cause of action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated at Supreme Court, Erie County, NeMoyer, J. Present—Pine, J.P., Wisner, Scudder, Gorski and Lawton, JJ.