Plaintiffs seek partial summary judgment pursuant to CPLR 3212 on the issue of liability in the above-captioned action, which seeks money damages for personal injuries alleged to have been sustained by the plaintiff, Waldemar Zahn, and for derivative losses on behalf of plaintiff, Erna Zahn.
The facts essential to a resolution of this motion are not in dispute. On or about November 7, 1980, plaintiff was employed to paint...
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