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VESSIO v. ADOR CONVERTING & BIASING, INC.

215 A.D.2d 648 (1995)

628 N.Y.S.2d 305

Joseph Vessio et al., Respondents, v. Ador Converting & Biasing, Inc., Appellant, et al., Defendant. (And a Third-Party Action.)

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

May 22, 1995

Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion is denied.

The work engaged in by the injured plaintiff at the time of his accident, replacing a burner in a boiler, constituted the repair of a structure covered by Labor Law § 240 (1) (see, Lewis-Moors v Contel of N. Y., 78 N.Y.2d 942; Izrailev v Ficarra Furniture, 70 N.Y.2d 813;...

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