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STRANGIO v. SEVENSON ENVIRONMENTAL SERVICES, INC., 15 N.Y.3d 914 (2010)

Court: Court of Appeals of New York Number: innyco20101130397 Visitors: 5
Filed: Nov. 30, 2010
Latest Update: Nov. 30, 2010
Summary: OPINION OF THE COURT MEMORANDUM. The order of the Appellate Division should be modified, without costs, by denying the motions of defendants and the third-party defendant for summary judgment insofar as they seek dismissal of plaintiff's Labor Law 240 (1) claim and, as so modified, affirmed. Triable issues of fact exist as to whether the defendants provided proper protection under Labor Law 240 (1). Plaintiff's remaining contentions lack merit. On review of submissions pursuant to sectio
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OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, by denying the motions of defendants and the third-party defendant for summary judgment insofar as they seek dismissal of plaintiff's Labor Law § 240 (1) claim and, as so modified, affirmed.

Triable issues of fact exist as to whether the defendants provided proper protection under Labor Law § 240 (1). Plaintiff's remaining contentions lack merit.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order modified, etc.

Source:  Leagle

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