Murdock v R&P Oak Hill Dev., LLC

Murdock v R&P Oak Hill Dev., LLC 2016 NY Slip Op 07556 Decided on November 10, 2016 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 10, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CENTRA, PERADOTTO, LINDLEY, AND CURRAN, JJ.
1035 CA 16-01067

[*1]ALEX MURDOCK AND JEANNETTEA MURDOCK, PLAINTIFFS-APPELLANTS,

v

R & P OAK HILL DEVELOPMENT, LLC, DEFENDANT-RESPONDENT.

ANDREWS, BERNSTEIN, MARANTO & NICOTRA, PLLC, BUFFALO (DONYELLE E. CRAPSI OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

HODGSON RUSS LLP, BUFFALO (PATRICK J. HINES OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered September 11, 2015. The order granted in part defendant's motion for summary judgment dismissing the amended complaint and denied plaintiffs' cross motion for partial summary judgment on the Labor Law §§ 240 (1) and 241 (6) claims.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.

Entered: November 10, 2016

Frances E. Cafarell

Clerk of the Court