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SHAVER v. KENMORE SCH. DIST

168 Misc.2d 602 (1996)

644 N.Y.S.2d 885

Robert E. Shaver et al., Plaintiffs, v. Kenmore Town of Tonawanda Union Free School District et al., Defendants.

Supreme Court, Erie County.

May 20, 1996

Attorney(s) appearing for the Case

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, Buffalo, for plaintiffs. O'Shea, Reynolds & Cummings, Buffalo, for defendants.

FRANK A. SEDITA, J.

Plaintiffs seek partial summary judgment pursuant to section 240 of the Labor Law as to the question of liability. Plaintiff Robert Shaver allegedly fell from a stationary ladder while carrying an industrial type vacuum cleaner from one roof level to another for the purpose of removing water from a clogged drain. Plaintiff was part of a work crew which was in the process of removing and...

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