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DILLON v. VAN CORTLANDT SPORTS, INC.

234 A.D.2d 17 (1996)

650 N.Y.S.2d 554

Patrick Dillon et al., Appellants, v. Van Cortlandt Sports, Inc., Respondent and Third-Party Plaintiff-Respondent. Arch Contracting and Waterproofing Co., Third-Party Defendant-Respondent

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

December 3, 1996

The affidavits, including those of independent witnesses, submitted by plaintiffs in support of the motion, as well as plaintiff's deposition excerpts submitted by defendant and third-party defendant in opposition thereto, consistently demonstrate that the injured plaintiff's unprotected fall from the ladder constitutes a violation of Labor Law § 240 (1) for which summary judgment would be appropriate (see, Guillory...

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