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SMITH v. NEW YORK STATE ELEC. & GAS CORP.

82 N.Y.2d 781 (1993)

624 N.E.2d 677

604 N.Y.S.2d 540

Ronald C. Smith et al., Respondents, v. New York State Electric & Gas Corporation, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided October 14, 1993.

Attorney(s) appearing for the Case

Kathleen C. Sassani, Syracuse, for appellant.

John W. Young, Binghamton, and Alfred Paniccia, Jr., for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA, SMITH and LEVINE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, defendant's cross motion for partial summary judgment dismissing plaintiffs' Labor Law § 240 (1) cause of action granted, and the certified question answered in the affirmative.

Plaintiff was injured while dismantling a coal conveyer system located in a subterranean concrete vault. The dismantled machinery was removed from the underground...

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