McPhee v John D. Brush, Inc. (2009 NY Slip Op 00734)

McPhee v John D. Brush, Inc.

2009 NY Slip Op 00734 [59 AD3d 934]

February 6, 2009

Appellate Division, Fourth Department

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

As corrected through Wednesday, April 1, 2009

Jeremy M. McPhee, Respondent,
v
John D. Brush, Inc., Doing Business as Sentry Group, Sued Herein as Sentry Group, LLC, Doing Business as Sentry Safe, Defendant and Third-Party Plaintiff. Elmer W. Davis Roofing Company, Third-Party Defendant-Appellant.

—[*1] Goldberg Segalla LLP, Rochester (Melanie S. Wolk of counsel), for third-party defendant-appellant.

Valerio & Kufta, P.C., Rochester (Mark J. Valerio of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Monroe County (William P. Polito, J.), entered January 8, 2008 in a personal injury action. The order, inter alia, granted the motion of plaintiff for partial summary judgment on liability pursuant to Labor Law § 240 (1).

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Hurlbutt, Centra, Green and Gorski, JJ.