THOMAS RYAN PLAINTIFF APPELLANT RESPONDENT v. PORT OF OSWEGO AUTHORITY ALSO KNOWN AS OSWEGO PORT AUTHORITY DEFENDANT RESPONDENT APPELLANT (2010)

Supreme Court, Appellate Division, Fourth Department, New York.

THOMAS C. RYAN, PLAINTIFF-APPELLANT-RESPONDENT, v. PORT OF OSWEGO AUTHORITY, ALSO KNOWN AS OSWEGO PORT AUTHORITY, DEFENDANT-RESPONDENT-APPELLANT.

CA 10-01287

Decided: December 30, 2010

PRESENT: SCUDDER, P.J., SMITH, GREEN, PINE, AND GORSKI, JJ.

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.

ORDER

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.

Patricia L. Morgan

Clerk of the Court

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