JOSE MARTINEZ, res, v. 305 WEST 52 CONDOMINIUM def-ap, NORMAN D. SCHWARTZ, DEFENDANT THIRDPARTY plf-ap, ET AL., def; CARDINAL SALES, INC., THIRD-PARTY def-ap — (INDEX NO. 12167/11)In an action to recover damages for personal injuries, the defendants 305 West 52 Condominium and Alexander Wolf & Company, Inc., appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Lane, J.), entered June 28, 2013, as denied those branches of their motion which were for summary judgment dismissing the causes of action alleging violations of Labor Law §§240 and 241, and the causes of action alleging a violation of Labor Law §200 and common-law negligence that are not based on a theory that the plaintiff was using a defective ladder, insofar as asserted against them, and the defendant third-party plaintiff, Norman D. Schwartz, and the third-party defendant, Cardinal Sales, Inc., separately appeal, as limited by their respective briefs, from so much of the same order as denied those branches of their separate cross motions which were for summary judgment dismissing the causes of action alleging violations of Labor Law 240 and 241, and the causes of action alleging a violation of Labor Law §200 and common-law negligence that are not based on a theory that the plaintiff was using a defective ladder, insofar as asserted against the defendant third-party plaintiff, Norman D. Schwartz.
ORDERED that the order is modified, on the law, by adding a provision thereto that the denials of those branches of the motion of the defendants 305 West 52 Condominium and Alexander Wolf & Company, Inc., which were for summary judgment dismissing the causes of action alleging violations of Labor Law §§240 and 241, and the causes of action alleging a violation of Labor Law §200 and common-law negligence not based on a theory that the plaintiff was using a defective ladder, insofar as asserted against them, and those branches of the separate cross motions of the defendant third-party plaintiff, Norman D. Schwartz, and the third-party defendant, Cardinal Sales, Inc., which were for summary judgment dismissing the causes of action alleging violations of Labor Law §§240 and 241, and the causes of action alleging a violation of Labor Law §200 and common-law negligence that are not based on a theory that the plaintiff was using a defective ladder, insofar as asserted against the defendant third-party plaintiff, Norman D. Schwartz, are without prejudice to renew upon the completion of discovery; as so modified, the order is affirmed insofar as appealed from, with one bill of costs payable by the appellants appearing separately and filing separate briefs.