Andrus v. New York City Transit Authority

276 A.D.2d 571, 714 N.Y.S.2d 881, 2000 N.Y. App. Div. LEXIS 10364

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 16, 2000
• Status: Published

Opinion

In an action to recover damages for personal injures, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County (Schmidt, J.), dated December 10, 1999, as denied his motion for partial summary judgment on his cause of action to recover damages pursuant to Labor Law § 240 (1).

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly denied the plaintiffs motion for partial summary judgment (see, Jacome v State of New York, 266 AD2d 345; Smith v Hovnanian Co., 218 AD2d 68). Bracken, J. P., Santucci, Altman and Florio, JJ., concur.