Joseph J. Truty v Berkley Square Associates

Truty v Berkley Sq. Assoc. 2003 NY Slip Op 20246 [2 AD3d 1443] December 31, 2003 Appellate Division, Fourth Department As corrected through Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 25, 2004

Joseph J. Truty et al., Respondents,
v
Berkley Square Associates, LP, et al., Appellants, et al., Defendants.

—Appeal from an order of Supreme Court, Erie County (Howe, J.), entered November 27, 2002, which granted plaintiffs' motion for partial summary judgment against defendant Bri-Mar Construction, Inc., individually and as sole general partner of Berkeley Square Associates, LP, on the issue of liability under Labor Law § 240 (1).

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs for the reasons stated in decision at Supreme Court, Erie County, Howe, J. Present—Pigott, Jr., P.J., Green, Scudder, Gorski and Lawton, JJ.