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COOK v. PRESBYTERIAN HOMES OF WESTERN NEW YORK, INC.

234 A.D.2d 906 (1996)

655 N.Y.S.2d 701

Lee H. Cook et al., Respondents, v. Presbyterian Homes of Western New York, Inc., et al., Appellants and Third-Party Plaintiffs. Abd Lighting Management Company, Inc., Third-Party Defendant-Appellant

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

December 30, 1996

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting plaintiffs' motion for partial summary judgment on the Labor Law § 240 (1) cause of action. Lee H. Cook (plaintiff), an electrical technician, injured his back while working on a ladder to repair a light in defendants' parking lot. Plaintiff testified at his deposition that...

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