CORNACCHIONE v. CLARK CONCRETE CO., INC

Appeal from order insofar as it concerned Labor Law § 240 (1) claim unanimously dismissed ( see, Loafin' Tree Rest. v. Pardi [appeal No. 1], 162 A.D.2d 985) and order modified on the law and as modified affirmed with costs to plaintiff in accordance with the same Memorandum as in Cornacchione v. Clark Concrete Co. ([appeal No. 2] 278 A.D.2d 400 [decided herewith]).