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

82 N.Y.2d 876 (1993)

631 N.E.2d 110

609 N.Y.S.2d 168

Lynn L. Comes et al., Appellants, v. New York State Elec Tric and Gas Corporation, Respondent.

Court of Appeals of the State of New York.

Decided December 20, 1993.

Attorney(s) appearing for the Case

Paul William Beltz, P. C., Buffalo (Russell T. Quinlan of counsel), and Cyril A. Krenzer, P. C., Honeoye Falls, for appellants.

Levene, Gouldin & Thompson, Vestal (John L. Perticone of counsel), for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff Lynn Comes was employed by the general contractor hired by defendant to construct a building on defendant's land. He sustained personal injuries after his employer directed him to lift and carry a 14-foot steel I-beam unassisted. Comes and his wife, suing derivatively, commenced this action against defendant alleging violations...

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