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DePUY v. SIBLEY, LINDSAY & CURR CO., INC.

225 A.D.2d 1069 (1996)

639 N.Y.S.2d 207

David E. DePuy et al., Appellants-Respondents, v. Sibley, Lindsay & Curr Company, Inc., et al., Respondents-Appellants, et al., Defendant

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 should have granted in part defendants' cross motions for summary judgment dismissing the Labor Law § 240 (1) cause of action. David E. DePuy (plaintiff), an employee of Opico Interior Contractors, Ltd., was injured while removing cabinets from a truck owned by defendant Coleman's Van &...

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