ALLEN v. CITY OF BUFFALO


161 A.D.2d 1134 (1990)

Mae E. Allen, Individually and as Executrix of Gordon C. Allen, Deceased, Appellant, v. City of Buffalo et al., Respondents Mae E. Allen, Individually and as Executrix of Gordon C. Allen, Deceased, Appellant, v. City of Buffalo Public Works Department et al., Respondents, et al., Third-Party Plaintiff, et al., Third-Party Defendant

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

May 11, 1990


Order reversed on the law without costs and motion granted.

Memorandum:

Supreme Court erroneously denied plaintiff's motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1). The record establishes that the field of approximately 50 manholes over the compartments of the north coagulation basin was part of the over-all worksite (see, Hagins v State of New York, 159 A.D.2d 941

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