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WENTLAND v. OCCIDENTAL CHEM. CORP.

188 A.D.2d 1030 (1992)

Reinholt Wentland, Respondent, v. Occidental Chemical Corporation, Appellant, et al., Defendant. Occidental Chemical Corporation, Third-Party Plaintiff-Appellant, v. SCC Contracting, Inc., Third-Party Defendant-Respondent

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

December 30, 1992

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting plaintiff's motion for summary judgment on the issue of liability on his cause of action based upon a violation of Labor Law § 240 (1). Defendant's submissions in opposition to plaintiff's motion raised questions of fact regarding the manner in which plaintiff's alleged accident occurred, and thus, we are unable to...

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