Bonaparte v. Niagara Mohawk Power Corp.

Weiss, P. J.,

concurs. Ordered that the order is modified, on the law, with costs to defendants, by reversing so much thereof as denied defendants’ cross motion for partial summary judgment; motion granted, partial summary judgment awarded to defendants and the cause of action alleging defendants’ liability under Labor Law § 240 (1) is dismissed; and, as so modified, affirmed.