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MALECKI v. WAL-MART STORES, INC.

222 A.D.2d 1010 (1995)

635 N.Y.S.2d 888

Paul E. Malecki et al., Appellants-Respondents, v. Wal-Mart Stores, Inc., et al., Respondents-Appellants and Third-Party, Plaintiffs-Appellants. Niagara Falls Erecting, Inc., Third-Party Defendant-Respondent

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

December 22, 1995

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly granted the cross motion of defendants and third-party plaintiffs insofar as it sought summary judgment dismissing the Labor Law § 240 (1) claim. Paul E. Malecki (plaintiff), an ironworker employed by third-party defendant Niagara Falls Erecting, Inc. (Niagara Erecting), was injured when a 2,000-pound bundle of steel slid off...

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