Sarah Corsivo, as Administratrix of the Estate of August R. Corsivo, Deceased, Respondent, v. M&S Hotels, LLC, et al., Defendants, and DEC Management, Inc., et al., Appellants

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered March 5, 2009 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 for reasons stated in the decision at Supreme Court. Present — Scudder, P.J., Sconiers, Green and Gorski, JJ.