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LEAHY v. FUNICELLO ELEC., INC.

134 A.D.2d 852 (1987)

John D. Leahy, Respondent, v. Funicello Electric, Incorporated, et al., Defendants, and General Electric Company, Appellant. (Appeal No. 1.)

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

November 10, 1987

Order unanimously reversed on the law without costs and motion denied.

Memorandum:

Special Term erred in granting plaintiffs' motions for summary judgment against General Electric Company. It is a matter for the court in the first instance to determine whether the activity engaged in by John Leahy falls within the ambit and protection of section 240 of the Labor Law (see, Damato v Goldberg, 120 A.D.2d 966;...

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