Majority
p. 836[675 NE2d 459, 652 NYS2d 724] George Adimey et al., Appellants, v Erie County Industrial Development Agency, Respondent. Argued October 8, 1996; decided November 19, 1996
p. 838
APPEARANCES OF COUNSEL
Paul William Beltz, P. C, Buffalo (Catherine M. Beltz of counsel), for appellants.
Smith, Murphy & Schoepperle, LLP, Buffalo (Frank G. Godson and Lynn D. Gates of counsel), for respondent.
OPINION OF THE COURT
Order modified, without costs, by reinstating plaintiff’s Labor Law § 240 (1) cause of action and, as so modified, affirmed, for the reasons stated in the dissenting in part memorandum at the Appellate Division ( 226 AD2d 1053 ).
Concur: Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick.