| Hakes v Tops Mkts., LLC |
| 2006 NY Slip Op 00707 [26 AD3d 729] |
| February 3, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Michael Hakes, Respondent, v Tops Markets, LLC, Doing Business as Wilson Farms Neighborhood Food Stores, et al., Appellants. |
—[*1]Appeal from an order of the Supreme Court, Niagara County (John M. Curran, J.), entered December 21, 2004 in a personal injury action. The order, insofar as appealed from, granted plaintiff's motion for partial summary judgment on the Labor Law § 240 (1) claim and denied that part of defendants' cross motion for summary judgment dismissing that claim.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Pigott, Jr., P.J., Kehoe, Martoche, Smith and Pine, JJ. [See 10 Misc 3d 1079(A), 2004 NY Slip Op 51897(U) (2004).]