Appeal from an order of the Supreme Court, Genesee County (Robert C. Noonan, A.J.), dated October 17, 2005 in a personal injury action. The order, among other things, denied plaintiffs motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1).
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Kehoe, J.E, Gorski, Martoche, Pine and Hayes, JJ.