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RUSSELL v. GAINES

209 A.D.2d 939 (1994)

619 N.Y.S.2d 420

Roy Russell, Appellant, v. Renee Gaines, as Executrix of Roy Gaines, Deceased, Respondent

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

November 16, 1994

Order reversed on the law without costs, motion denied and cross motion granted.

Memorandum:

Supreme Court erred in granting defendant's motion for summary judgment on the ground that plaintiff's Labor Law §§ 240 and 241 and negligence causes of action are barred by Workers' Compensation Law § 29 (6). Plaintiff was hired by Gaines Electrical Contracting, Inc. (Gaines Electrical) through Temporary Career Services as a temporary employee to do...

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