
    [675 NE2d 459, 652 NYS2d 724]
    George Adimey et al., Appellants, v Erie County Industrial Development Agency, Respondent.
    Argued October 8, 1996;
    decided November 19, 1996
    
      APPEARANCES OF COUNSEL
    
      Paul William Beltz, P. C, Buffalo (Catherine M. Beltz of counsel), for appellants.
    
      Smith, Murphy & Schoepperle, LLP, Buffalo (Frank G. Godson and Lynn D. Gates of counsel), for respondent.
   OPINION OF THE COURT

Order modified, without costs, by reinstating plaintiff’s Labor Law § 240 (1) cause of action and, as so modified, affirmed, for the reasons stated in the dissenting in part memorandum at the Appellate Division (226 AD2d 1053).

Concur: Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick.  