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SCHROEDER v. CENTRO PARISO TROPICAL

233 A.D.2d 314 (1996)

649 N.Y.S.2d 820

Thomas Schroeder, Respondent, v. Centro Pariso Tropical et al., Defendants, Clark Equipment Company, Respondent, and Milea Truck Sales Corp., Defendant and Third-Party Plaintiff-Respondent-Appellant. Enertech Associates, Inc., Third-Party Defendant-Appellant-Respondent. (And Other Titles.)

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

November 4, 1996

Ordered that the order is modified, on the law, (1) by deleting the provision thereof which granted the plaintiff's motion for partial summary judgment on the issue of liability under Labor Law § 240 and substituting therefor a provision denying the motion, and (2) by deleting the provision portion thereof which granted that part of the cross motion by the defendant third-party plaintiff Milea Truck Sales Corp. which was for summary judgment against the third-party defendant...

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