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PURDIE v. CRESTWOOD LAKE HEIGHTS SECTION 4 CORP.

229 A.D.2d 523 (1996)

646 N.Y.S.2d 815

Kevin A. Purdie, Appellant, v. Crestwood Lake Heights Section 4 Corp., Defendant and Third-Party Plaintiff-Respondent. Mase Electric, Inc., Third-Party Defendant-Respondent

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

July 22, 1996

Ordered that the appeal from the order entered October 4, 1994, is dismissed, as that order was superseded by the order entered March 7, 1995, made upon reargument; and it is further,

Ordered that the order entered March 7, 1995, is modified by deleting the provisions thereof which adhered to so much of the prior determination as granted the separate cross motions to dismiss the plaintiff's cause of action under Labor Law § 240 (1), and substituting therefor...

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