Opinion
CA 03-01097.
November 21, 2003.
Appeal from an order of Supreme Court, Monroe County (Lunn, J.), entered August 19, 2002, which denied the motion of third-party defendant Ruffin's a-1 Contracting, Inc. seeking leave to renew.
Underberg Kessler LLP, Rochester (Ronald G. Hull of Counsel), for Third-Party Defendant-Appellant.
Cellino Barnes, P.C., Rochester (Sean P. Galliher of Counsel), for Plaintiff-Respondent.
Before: Present: Green, J.P., Wisner, Scudder, Gorski, and Lawton, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Memorandum: Supreme Court properly denied the motion of thirdparty defendant Ruffin's A-1 Contracting, Inc. (Ruffin's) seeking leave to renew with respect to plaintiff's motion for partial summary judgment on liability under Labor Law § 240 (1). We reject the contention of Ruffin's that "there has been a change in the law that would change the prior determination" granting plaintiff's motion (CPLR 2221 [e] [2]; see Thompson v. St. Charles Condominiums, 303 A.D.2d 152, 154, lv dismissed 100 N.Y.2d 556; Outar v. City of New York, 286 A.D.2d 671, 672-673).