Ryan v Port of Oswego Auth.

Ryan v Port of Oswego Auth. 2010 NY Slip Op 09777 [79 AD3d 1784] December 30, 2010 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 16, 2011

Thomas C. Ryan, Appellant-Respondent, v Port of Oswego Authority, Also Known as Oswego Port Authority, Respondent-Appellant.

—[*1] Sugarman Law Firm, LLP, Syracuse (Jenna W. Klucsik of counsel), for plaintiff-appellant-respondent.

Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse (James W. Cunningham of counsel), for defendant-respondent-appellant.

Appeal and cross appeal from an order of the Supreme Court, Oswego County (Norman W. Seiter, Jr., J.), entered October 20, 2009 in a personal injury action. The order denied the motion of plaintiff for partial summary judgment on liability on the Labor Law § 240 (1) cause of action and denied defendant's cross motion to dismiss the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Smith, Green, Pine and Gorski, JJ.