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KRENCIK v. TOWNE RED HOTS, INC.

225 A.D.2d 1038 (1996)

639 N.Y.S.2d 770

William Krencik et al., Appellants, v. Towne Red Hots, Inc., et al., Respondents, et al., Defendant, et al., Third-Party Plaintiff. Walt's Tree Service, Inc., Third-Party Defendant-Respondent. (Appeal No. 1.)

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

March 8, 1996

Appeal from an order insofar as it denied motion to set aside verdict on Labor Law § 241 cause of action against defendant New Era Construction Co., Inc., dismissed (see, Hughes v Nussbaumer, Clarke & Velzy, 140 A.D.2d 988; see also, CPLR 5501 [a] [1]) and order affirmed without costs.

Memorandum:

While operating a high lift bucket loader to pull down the roof of a two-story frame building under...

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