HAROLD M. GONZALEZ, ETC., APPELLANT-res, v. WOODBOURNE ARBORETUM, INC. RESPONDENTSAPPELLANTS def

HAROLD M. GONZALEZ, ETC., APPELLANT-res, v. WOODBOURNE ARBORETUM, INC. RESPONDENTSAPPELLANTS def — (INDEX NO. 18380/07)In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County, (Jones, Jr., J.), dated July 28, 2011, as denied his motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law §240(1) and granted those branches of the motion of the defendants Woodbourne Arboretum, Inc., and Woodbourne Cultural Nurseries, Inc., which were for summary judgment dismissing the causes of action alleging violations of Labor Law §§240(1) and 241(6) insofar as asserted against them, and the defendants Woodbourne Arboretum, Inc., and Woodbourne Cultural Nurseries, Inc., cross-appeal from so much of the same order as denied that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted against them on the ground that the action is barred by the Workers' Compensation Law and granted the plaintiff's cross motion for summary judgment dismissing their fourth and fifth affirmative defenses.

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HAROLD M. GONZALEZ, ETC., APPELLANT-res, v. WOODBOURNE ARBORETUM, INC. RESPONDENTSAPPELLANTS def — (INDEX NO. 18380/07)In an action, inter alia, to recover damages for wrongful death, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County, (Jones, Jr., J.), dated July 28, 2011, as denied his motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law §240(1) and granted those branches of the motion of the defendants Woodbourne Arboretum, Inc., and Woodbourne Cultural Nurseries, Inc., which were for summary judgment dismissing the causes of action alleging violations of Labor Law §§240(1) and 241(6) insofar as asserted against them, and the defendants Woodbourne Arboretum, Inc., and Woodbourne Cultural Nurseries, Inc., cross-appeal from so much of the same order as denied that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted against them on the ground that the action is barred by the Workers’ Compensation Law and granted the plaintiff’s cross motion for summary judgment dismissing their fourth and fifth affirmative defenses.

ORDERED that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

HAROLD M. GONZALEZ, ETC., APPELLANT-res, v. WOODBOURNE ARBORETUM, INC. RESPONDENTSAPPELLANTS def

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