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HERITAGE v. VAN PATTEN

59 N.Y.2d 1017 (1983)

Wayne D. Heritage et al., Appellants, v. Robert Van Patten, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1983.

Attorney(s) appearing for the Case

Joseph E. Rosch and Christopher L. Barker for appellants.

Edward F. Layden for respondents.

Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur; Chief Judge COOKE dissents and votes to reverse in an opinion.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

To impose liability upon defendant Van Patten, owner of the land on which plaintiff, a coemployee of Van Patten, was injured, by virtue of section 241 of the Labor Law would be to disregard the express legislative prohibition established by subdivision 6 of section 29 of the Workers' Compensation...

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