| Wagner v Concept Constr. Corp. |
| 2004 NY Slip Op 06895 [11 AD3d 926] |
| October 1, 2004 |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Appellate Division, Fourth Department |
| Daniel E. Wagner et al., Respondents, v Concept Construction Corp. et al., Appellants. |
—[*1]Appeals from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered August 5, 2003. The order granted plaintiffs' motion for partial summary judgment on the issue of liability under Labor Law § 240 (1) and denied defendants' cross motions for summary judgment.
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. Present—Pigott, Jr., P.J., Gorski, Martoche and Hayes, JJ.