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KAHN v. GATES CONSTR. CORP.

103 A.D.2d 438 (1984)

Wyatt Kahn, Appellant, v. Gates Construction Corp. et al., Respondents; Undersea Systems, Inc., Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 9, 1984

Attorney(s) appearing for the Case

Mirabel, Wortman & Freidel (Norman Bard, Beth J. Goldmacher and Melvin D. Freidel of counsel), for appellant.

Frank B. Gass for Gates Construction Corp. and another, respondents.

A. Paul Goldblum for County of Suffolk, respondent.

Raymond C. Green (Shayne, Dachs, Stanisci & Corker [Norman H. Dachs and Gilbert Klaperman] of counsel), for third-party defendant-respondent.

MOLLEN, P. J., TITONE and WEINSTEIN, JJ., concur.

O'CONNOR, J.

On this appeal from a judgment dismissing plaintiff's complaint after the presentation of the plaintiff's case to the jury, the principal question is whether the plaintiff presented a prima facie case of common-law negligence, as well as violations of section 240 and subdivision 6 of section 241 of the Labor Law. Under the facts of this case, we answer the question in the affirmative. As a threshold...

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