Maue v Gold Seal Equity Partnership
2007 NY Slip Op 07112 [43 AD3d 1305]
September 28, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 7, 2007


Richard Maue, Appellant, v Gold Seal Equity Partnership et al., Respondents. Blockbuster, Inc., Third-Party Plaintiff,
v
Lane-Valente Industries, Third-Party Defendant-Respondent and Fourth-Party Plaintiff. Allstate Heating & Mechanical Services, Inc., Fourth-Party Defendant-Respondent. Gold Seal Equity Partnership, Third-Party Plaintiff, v Allstate Heating & Mechanical Services, Inc., Third-Party Defendant-Respondent.

—[*1] Brown Chiari LLP, Lancaster (Samuel J. Capizzi of counsel), for plaintiff-appellant.

Lippman O'Connor, Buffalo (Matthew J. Duggan of counsel), for defendant-respondent Gold Seal Equity Partnership.

Chelus, Herdzik, Speyer, Monte & Pajak, P.C., Buffalo (Thomas J. Speyer of counsel), for defendant-respondent Blockbuster, Inc., third-party defendants-respondents and fourth-party defendant-respondent.

Appeal from an order of the Supreme Court, Erie County (John P. Lane, J.), entered September 15, 2006 in a personal injury action. The order, among other things, denied plaintiff's [*2]cross motion for partial summary judgment on liability under Labor Law § 240 (1).

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Hurlbutt, J.P., Gorski, Lunn, Fahey and Peradotto, JJ.