Whitham v Paragon Homes of Orange County, Inc. (2005 NY Slip Op 07682)

Whitham v Paragon Homes of Orange County, Inc.

2005 NY Slip Op 07682 [22 AD3d 664]

October 17, 2005

Appellate Division, Second Department

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

Roger Whitham et al., Appellants,
v
Paragon Homes of Orange County, Inc., et al., Respondents. (And a Third-Party Action.)

—[*1]In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Orange County (McGuirk, J.), dated September 1, 2004, as denied their motion for summary judgment on the issue of liability pursuant to Labor Law § 240 (1).

Ordered that the order is affirmed insofar as appealed from, with costs.

There are issues of fact requiring the denial of summary judgment (see CPLR 3212). Cozier, J.P., Krausman, Goldstein and Lunn, JJ., concur.