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SIKORSKI v. SPRINGBROOK FIRE DIST. OF TOWN OF ELMA

225 A.D.2d 1041 (1996)

639 N.Y.S.2d 226

Jeffrey P. Sikorski, Respondent, v. Springbrook Fire District of Town of Elma, Defendant and Third-Party Plaintiff-Respondent, and F.J. Wailand Associates, Inc., Appellant and Third-Party Plaintiff-Respondent-Appellant. Sahlem Roofing & Siding, Inc, Third-Party Defendant-Appellant

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

March 8, 1996

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in granting plaintiff's motion for partial summary judgment against defendant F.J. Wailand Associates, Inc. (Wailand) pursuant to Labor Law § 240 (1) and in denying Wailand's cross motion for summary judgment dismissing that cause of action against it. Under its contract with defendant Springbrook Fire District of the Town of Elma...

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