
    Thomas C. Ryan, Appellant-Respondent, v Port of Oswego Authority, Also Known as Oswego Port Authority, Respondent-Appellant.
    [913 NYS2d 603]
   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. Present — Scudder, EJ., Smith, Green, Pine and Gorski, JJ.  