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PONCE v. ST. JOHN'S CEMETERY

222 A.D.2d 361 (1995)

636 N.Y.S.2d 28

Lucy L. Ponce, Appellant, v. St. John's Cemetery et al., Respondents and Third-Party Plaintiffs-Respondents. Cotroneo & Marino United Electric Company, Inc., Third-Party Defendant-Respondent

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

December 28, 1995

Absolute liability is imposed upon owners and contractors pursuant to Labor Law § 240 (1) upon proof of a violation thereof and that such violation was the proximate cause of the injuries sustained (Zimmer v Chemung County Performing Arts, 65 N.Y.2d 513). However, as almost no pretrial discovery has been conducted herein, the court properly denied summary judgment against the owner defendants pursuant to CPLR 3212 (f). In these...

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