
    Dale J. Lyman, Respondent, v Raymond Smith, Appellant.
    [760 NYS2d 376]
   —Appeal from that part of an order of Supreme Court, Erie County (Cosgrove, J.), entered May 9, 2002, that denied that part of defendant’s motion for summary judgment dismissing the Labor Law § 241 (6) claim.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs for the reasons stated in decision at Supreme Court, Erie County, Cosgrove, J. Present — Pigott, Jr., P.J., Wisner, Scudder, Burns and Lawton, JJ.  