Corsivo v M&S Hotels, LLC (2010 NY Slip Op 02329)

Corsivo v M&S Hotels, LLC

2010 NY Slip Op 02329 [71 AD3d 1503]

March 19, 2010

Appellate Division, Fourth Department

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

As corrected through Wednesday, April 28, 2010

Sarah Corsivo, as Administratrix of the Estate of August R. Corsivo, Deceased, Respondent,
v
M&S Hotels, LLC, et al., Defendants, and DEC Management, Inc., et al., Appellants.

—[*1] Kenney Shelton Liptak Nowak LLP, Buffalo (Melissa B. Burke of counsel), for defendants-appellants.

Lynn Law Firm, LLP, Syracuse (Patricia A. Lynn-Ford of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered March 5, 2009 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 for reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Sconiers, Green and Gorski, JJ.