BARTOO v. BUELL


198 A.D.2d 819 (1993)

605 N.Y.S.2d 715

Philip R. Bartoo, Respondent, v. Robert O. Buell, Appellant Dennis E. Pangburn, Respondent, v. Robert O. Buell, Appellant Allen Skiver, Jr., et al., Plaintiffs, v. Robert O. Buell, Defendant Robert O. Buell, Third-Party Plaintiff, v. General Roofing & Heating Co., Inc., Third-Party Defendant-Appellant. (Appeal No. 2.)

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

November 19, 1993


Order reversed on the law without costs and motion denied.

Memorandum:

Supreme Court erred in granting the motions of plaintiffs Pangburn and Bartoo for summary judgment against defendant homeowner on the issue of liability under Labor Law § 240 (1). The court further erred in denying defendant's motion for summary judgment to the extent that it sought dismissal of the causes of action contained in the complaints of all plaintiffs that alleged violations...

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