Cornacchione v. Clark Concrete Co.

Appeal from order insofar as it concerned Labor Law § 240 (1) claim unanimously dismissed (see, Loafin’ Tree Rest, v Pardi [appeal No. 1], 162 AD2d 985) and order modified on the law and as modified affirmed with costs to plaintiff in accordance with the same Memorandum as in Cornacchione v Clark Concrete Co. (278 AD2d 400 [decided herewith]). (Appeal from Order of Supreme Court, Onondaga County, Major, J.— Summary Judgment.) Present — Pigott, Jr., P. J., Hayes, Hurl-butt, Balio and Lawton, JJ.