KOPACZ v. AIRCO CARBON, DIV. OF AIRCO, INC.


104 A.D.2d 722 (1984)

John A. Kopacz et al. Respondents, v. Airco Carbon, Division of Airco, Inc., Appellant and Third-Party Plaintiff-Respondent. Anita B. Fama, Doing Business as A & a Fama Welding, Third-Party Defendant-Appellant; John J. Gross, Doing Business as John J. Gross Plumbing and Heating, et al., Third-Party Defendants-Respondents

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

September 21, 1984


Order unanimously modified and, as modified, affirmed, with a separate bill of costs to plaintiffs and third-party defendant A & A Fama Welding, in accordance with the following memorandum: In this action for personal injuries arising from an alleged violation of subdivision 1 of section 240 of the Labor Law, Special Term properly granted plaintiff's motion for partial summary judgment on the issue of liability, but erred in denying the cross motion of third-party defendant...

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