OLCZAK, ROBERT F. v. NIACET CORPORATION

Appeal from an order of the Supreme Court, Erie County (John F. O’Donnell, J.), entered December 5, 2012 in a personal injury action. The order granted the motion of plaintiffs 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 — Smith, J.P., Peradotto, Lindley, Valentino and Whalen, JJ.