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  5. 164 Misc.2d 623 (1995)
 

WEISER v. BUILDERS SQ.

164 Misc.2d 623 (1995)

625 N.Y.S.2d 455

Gary Weiser et al., Plaintiffs, v. Builders Square, Inc., Defendant.

Supreme Court, Erie County.

March 15, 1995

Attorney(s) appearing for the Case

Lewis & Lewis, P. C. (Allan M. Lewis of counsel), for plaintiffs. Lustig & Brown (Katherine A. Fijal of counsel), for defendant.

JOSEPH D. MINTZ, J.

Plaintiff moves for partial summary judgment on the issue of liability under Labor Law § 240. Defendant cross-moves to dismiss the action on the grounds that it is not a liable person within the meaning of section 240.

Section 240 imposes absolute liability upon "[a]ll contractors and owners and their agents". (Haimes v New York Tel. Co., 46 N.Y.2d 132...

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