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ADIMEY v. ERIE COUNTY INDUS. DEV. AGENCY

89 N.Y.2d 836 (1996)

675 N.E.2d 459

652 N.Y.S.2d 724

George Adimey et al., Appellants, v. Erie County Industrial Development Agency, Respondent.

Court of Appeals of the State of New York.

Decided November 19, 1996.

Attorney(s) appearing for the Case

Paul William Beltz, P. C., Buffalo (Catherine M. Beltz of counsel), for appellants.

Smith, Murphy & Schoepperle, LLP, Buffalo (Frank G. Godson and Lynn D. Gates of counsel), for respondent.

Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.

Order modified, without costs, by reinstating plaintiff's Labor Law § 240 (1) cause of action and, as so modified, affirmed, for the reasons stated in the dissenting in part memorandum at the Appellate Division (226 A.D.2d 1053

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