SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., GORSKI, CENTRA, GREEN, AND PINE, JJ.
JOSEPH R. ARIGO AND ROBIN M. ARIGO,
MEMORANDUM AND ORDER
RANDY J. SPENCER, DEFENDANT-APPELLANT,
AND LESLY GERMAIN, M.D., DEFENDANT-RESPONDENT.
MITCHELL GORIS & STOKES, LLC, CAZENOVIA (BRENDAN J. REAGAN OF
COUNSEL), FOR DEFENDANT-APPELLANT.
BOTTAR LEONE, PLLC, SYRACUSE (JERROLD P. O’BRIEN OF COUNSEL), FOR
MARTIN, GANOTIS, BROWN, MOULD & CURRIE, P.C., DE WITT (BRIAN M.
GARGANO OF COUNSEL), FOR DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Oswego County (Norman
W. Seiter, Jr., J.), entered July 14, 2006. The order, insofar as
appealed from, granted plaintiffs’ motion seeking partial summary
judgment and denied that part of the cross motion of defendant Randy
J. Spencer seeking summary judgment dismissing the Labor Law § 241 (6)
cause of action.
It is hereby ORDERED that the order insofar as appealed from be
and the same hereby is unanimously reversed on the law without costs,
the motion seeking partial summary judgment is denied, that part of
the cross motion seeking summary judgment dismissing the third cause
of action is granted and the third cause of action is dismissed.
Memorandum: Plaintiffs commenced this action against, inter
alia, Randy J. Spencer (defendant), asserting causes of action for
Labor Law violations and common-law negligence. Defendant hired
Joseph R. Arigo (plaintiff) to replace a furnace in a house that he
owned and rented to a third party. After installing t