McLEAN v. MARTIN E. VAHUE & SON BUILDERS, INC.


210 A.D.2d 999 (1994)

620 N.Y.S.2d 634

Michael McLean, Appellant, v. Martin E. Vahue & Son Builders, Inc., et al., Respondents, et al., Defendants Martin E. Vahue & Son Builders, Inc., Doing Business as Mendon Builders, Third-Party Plaintiff, v. Keohane Construction, Inc., Third-Party Defendant-Respondent

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

December 23, 1994


Order insofar as appealed from unanimously reversed on the law with costs and motion granted.

Memorandum:

Plaintiff, a carpenter, was injured when he fell over 20 feet to the ground from the roof of a home under construction. Supreme Court erred in denying plaintiff's motion for partial summary judgment on the issue of liability under Labor Law § 240 (1). Plaintiff submitted proof in admissible form that he was engaged in the erection of a building, that...

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