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GIBSON v. WORTHINGTON DIV. OF McGRAW-EDISON CO.

168 A.D.2d 935 (1990)

James R. Gibson et al., Respondents, v. Worthington Division of McGraw-Edison Company, Appellant Worthington Division of Cooper Industries, Inc., Formerly Worthington Division of McGraw-Edison Company, Third-Party Plaintiff-Appellant, v. Edward M. Ziegler Co., Inc., Third-Party Defendant-Respondent. (Appeal No. 1.)

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

December 21, 1990

Judgment unanimously modified on the law and as modified affirmed with costs to plaintiffs in accordance with the following memorandum:

Defendant and third-party plaintiff Worthington Division appeals from a judgment entered upon a jury verdict awarding plaintiffs damages for violation of section 240 (1) of the Labor Law. The trial was on damages only, since plaintiffs had been previously granted partial summary judgment...

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