Lemire v Bristol-Myers Squibb
2007 NY Slip Op 08580 [45 AD3d 1354]
November 9, 2007
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 16, 2008


Steven W. Lemire et al., Appellants-Respondents, v Bristol-Myers Squibb, Respondent-Appellant.

—[*1] Kenny & Kenny, PLLC, Syracuse (Erin K. Skuce of counsel), for plaintiffs-appellants-respondents.

Sassani & Schenck, P.C., Liverpool (Michael N. Livingston of counsel), for defendant-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Onondaga County (John V. Centra, J.), entered August 14, 2006 in a personal injury action. The order, among other things, denied in part defendant's motion for summary judgment dismissing the complaint, granted that part of plaintiffs' cross motion for leave to amend the pleadings and denied that part of plaintiffs' 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. Present—Scudder, P.J., Hurlbutt, Fahey, Green and Pine, JJ.