| Paul v Ryan Homes |
| 2004 NY Slip Op 01867 [5 AD3d 989] |
| March 19, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Daniel J. Paul, Respondent, v Ryan Homes, Inc., Appellant and Third-Party Plaintiff. Color Coatings, Inc., Third-Party Defendant-Appellant. (Appeal No. 1.) |
—Appeals from an order of the Supreme Court, Erie County (Peter J. Notaro, J.), entered March 19, 2003. The order denied defendant's motion and third-party defendant's cross motion for summary judgment and granted plaintiff's cross motion for partial summary judgment on liability on the Labor Law § 240 (1) cause of action.
It is hereby ordered that said appeals be and the same hereby are unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present—Pigott, Jr., P.J., Green, Hurlbutt, Gorski and Lawton, JJ.