Jeremy M. McPhee, Respondent, v. John D. Brush, Inc., Doing Business as Sentry Group, Sued Herein as Sentry Group, LLC, Doing Business as Sentry Safe, Defendant and Third-Party Plaintiff. Elmer W. Davis Roofing Company, Third-Party Defendant-Appellant

Appeal from an order of the Supreme Court, Monroe County (William P Polito, J.), entered January 8, 2008 in a personal injury action. The order, inter alia, granted the motion of plaintiff for partial summary judgment on liability pursuant to Labor Law § 240 (1).

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Scudder, P.J., Hurlbutt, Centra, Green and Gorski, JJ.