Morrison v. Christa Construction, Inc.

—Appeal from an order of Supreme Court, Erie County (Fahey, J.), entered December 18, 2001, which, inter alia, granted plaintiffs motion seeking partial summary judgment on liability on the cause of action alleging a violation of Labor Law § 240 (1).

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs (see Loafin’ Tree Rest, v Pardi [appeal No. 1], 162 AD2d 985 [1990]). Present — Wisner, J.P., Hurlbutt, Scudder, Kehoe and Lawton, JJ.