| Taylor v J&j Highway |
| 2004 NY Slip Op 07040 [11 AD3d 1054] |
| Decided on October 1, 2004 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on October 1, 2004
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, J.P., KEHOE, GORSKI, AND HAYES, JJ.
1260 CA 04-00577
[*1]ALAN A. TAYLOR, PLAINTIFF-APPELLANT, ORDER
v
J&J HIGHWAY, ALSO KNOWN AS NORTH COUNTRY- EXPLOSIVES, INC., DEFENDANT-RESPONDENT. ——————————————————————————— J&J HIGHWAY, ALSO KNOWN AS NORTH COUNTRY- EXPLOSIVES, INC., THIRD-PARTY PLAINTIFF, DARRYL S. FULLER, THIRD-PARTY DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Jefferson County (Hugh A. Gilbert, J.), dated May 22, 2003. The order denied plaintiff's motion for partial summary judgment on liability pursuant to Labor Law § 240 (1) in a personal injury action.
STANLEY LAW OFFICES, SYRACUSE (ROBERT A. QUATTROCCI OF COUNSEL), FOR PLAINTIFF-APPELLANT.
CONBOY, MC KAY, BACHMAN & KENDALL, LLP, WATERTOWN (STEPHEN W. GEBO OF COUNSEL), FOR DEFENDANT-RESPONDENT.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: October 1, 2004
JoAnn M. Wahl
Clerk of the Court