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GOLASZEWSKI v. CADMAN PLAZA NORTH, INC.

136 A.D.2d 596 (1988)

George Golaszewski, Appellant, v. Cadman Plaza North, Inc., et al., Defendants and Third-Party Plaintiffs-Appellants. Kano Construction Corp., Doing Business as Kay Construction Corp., Third-Party Defendant-Respondent. (And Another Action.)

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

January 19, 1988

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff-appellant was injured when he fell from a hanging scaffold to the roof of the defendants-appellants' building. Trial Term properly denied summary judgment to the plaintiff-appellant on the issue of liability. Although the plaintiff-appellant made out a prima facie violation of Labor Law § 240, the defendants carried their burden of showing that there existed...

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