
    David M. Salah et al., Respondents, v Faber Construction Co., Inc., Appellant.
    [786 NYS2d 779]
   Appeal from an order of the Supreme Court, Monroe County (Robert J. Lunn, J.), entered January 14, 2004. The order, insofar as appealed from, denied that part of defendant’s motion for summary judgment dismissing the Labor Law § 240 (1) claim.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Pigott, Jr., PJ., Hurlbutt, Gorski, Martoche and Smith, JJ.  