FULTON v. WALTON ST. ASSOCS.


201 A.D.2d 921 (1994)

609 N.Y.S.2d 881

Gary Fulton, Appellant, v. Walton Street Associates et al., Respondents Burns Electric, Third-Party Plaintiff-Respondent, v. Blais Construction, Inc., et al., Third-Party Defendants-Respondents. (Appeal No. 1.)

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

February 4, 1994


Order insofar as appealed from unanimously reversed on the law without costs and motion granted.

Memorandum:

Supreme Court erred in denying the motion of plaintiff for partial summary judgment on the issue of liability under Labor Law § 240 (1). Plaintiff established his initial entitlement to judgment in his favor as a matter of law by the submission of proof in evidentiary form that defendants violated the statute and that the violation was a proximate...

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