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  5. 34 N.Y.2d 847 (1974)
 

MUNZ v. PRESTWICK PRESS, INC.

34 N.Y.2d 847 (1974)

Walter Munz, Appellant, v. Prestwick Press, Inc., Respondent.

Court of Appeals of the State of New York.

Decided June 19, 1974.

Attorney(s) appearing for the Case

Edward J. McNenney for appellant.

Thomas Grimes and John D. Kelly for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.

Order reversed, with costs, and the case remitted to the Appellate Division for further proceedings in accordance with the following memorandum: A question of fact was presented as to whether the defendant's foreman directed the plaintiff to use the ladder which caused the injury, in which case the defendant would be liable for the injury resulting from the use (Labor Law, § 240; cf. Duda v. Rouse Constr. Corp.,

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