Berghold v Ferry Bldrs., Inc.

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Berghold v Ferry Bldrs., Inc. 2006 NY Slip Op 08452 [34 AD3d 1269] November 17, 2006 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 17, 2007

Barry Berghold, Jr., Respondent-Appellant, v Ferry Builders, Inc., Appellant-Respondent and Third-Party Plaintiff. Daniel R. Gabalski, Doing Business as Dan Gabalski Residential Construction, Third-Party Defendant-Appellant-Respondent.

—[*1]Appeals and cross appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered November 4, 2005. The order, among other things, granted those parts of defendant's motion for summary judgment dismissing the Labor Law § 240 (1) and § 241 (6) claims.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Hurlbutt, A.P.J., Scudder, Gorski and Smith, JJ.