Lang v Petri Baking Prods., Inc. (2005 NY Slip Op 00842)

Lang v Petri Baking Prods., Inc.

2005 NY Slip Op 00842 [15 AD3d 947]

February 4, 2005

Appellate Division, Fourth Department

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

As corrected through Wednesday, April 20, 2005

Robert S. Lang, Respondent, v Petri Baking Products, Inc., Appellant.

—[*1]Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered June 3, 2004. The order, insofar as appealed from, granted plaintiff's motion seeking partial summary judgment on the Labor Law § 240 (1) cause of action and denied in part defendant's cross motion seeking summary judgment dismissing the complaint.

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—Scudder, J.P., Kehoe, Gorski, Martoche and Smith, JJ.