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BARNABY v. A. & C. PROPS.

188 A.D.2d 958 (1992)

Robert A. Barnaby, Respondent, et al., Plaintiff, v. A. & C. Properties et al., Appellants. (And a Third-Party Action.)

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

December 31, 1992

Casey, J.

At issue on this appeal is whether Supreme Court erred in granting the motion of plaintiff Robert A. Barnaby (hereinafter plaintiff) for partial summary judgment on the issue of defendants' liability under Labor Law § 240 (1) for injuries sustained when he fell from a stepladder at a construction site. Citing Blair v Rosen-Michaels, Inc. (146 A.D.2d 863), defendants contend that because plaintiff...

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