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SENKEN v. EKLUND

146 Misc.2d 811 (1990)

Matthew Senken, Plaintiff, v. James W. Eklund et al., Defendants. James W. Eklund et al., Third-Party Plaintiffs, v. Reich & Eklund Construction Co., Inc., et al., Third-Party Defendants. James W. Eklund et al., Second Third-Party Plaintiffs, v. Peter Reich, Second Third-Party Defendant.

Supreme Court, Suffolk County.

January 16, 1990

Attorney(s) appearing for the Case

Barry, McTiernan & Moore for defendants and third-party plaintiffs. Molod, Berkowitz & Godosky, P. C., for plaintiff. Alio, Leahy & Dent for Jimmie Johnson, third-party defendant. Peter Reich, second third-party defendant pro se. Purcell, Fritz & Ingrao for Reich & Eklund Construction Co., Inc., third-party defendant.

JOHN COPERTINO, J.

In this action for damages for violations of Labor Law § 240, the court is called upon to decide whether an action may be maintained pursuant to that statute against owners who own the premises as tenants by the entirety where one of the owners is also the employer of the plaintiff.

The undisputed facts are as follows. Defendants James Eklund and Linda Eklund own a home at 59...

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