Schmitz v Caldwell & Cook, Inc.
2007 NY Slip Op 08667 [45 AD3d 1406]
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


Donna Lee Schmitz, as Executor of Robert J. Schmitz, Deceased, Respondent, v Caldwell & Cook, Inc., Appellant, and Beam Mack Sales & Service, Inc., Doing Business as Conway GMC Volvo Truck Division, et al., Respondents.

—[*1] Chelus, Herdzik, Speyer, Monte & Pajak, P.C., Buffalo (Thomas P. Kawalec of counsel), for defendant-appellant.

E. Michael Cook, P.C., Rochester (Michael Steinberg of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered November 30, 2006. The order, insofar as appealed from, denied that part of the motion of defendant Caldwell & Cook, Inc. for summary judgment dismissing the Labor Law § 241 (6) claim against it.

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—Gorski, J.P., Martoche, Smith, Peradotto and Green, JJ.