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SKINNER v. G & T REALTY CORP. OF NEW YORK

232 A.D.2d 627 (1996)

648 N.Y.S.2d 687

Clyde Skinner, Respondent, v. G & T Realty Corp. of New York, Defendant and Third-Party Plaintiff-Appellant. J & N Window Co., Third-Party Defendant

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

October 28, 1996

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The plaintiff brought this action to recover damages for personal injuries he allegedly sustained from a defective window while he was replacing windows on the appellant's premises. The plaintiff cannot recover against the appellant under common-law negligence or Labor Law § 200, since he was injured through the dangerous condition which he had undertaken to fix (see

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