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DIAMOND v. REILLY HOMES CONSTR. CORP.

245 A.D.2d 763 (1997)

665 N.Y.S.2d 464

Dale A. Diamond et al., Appellants, v. Reilly Homes Construction Corporation et al., Respondents. (And Three Third-Party Actions.) (And Another Related Action.)

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

December 11, 1997

Mikoll, J. P.

The question on this appeal is whether Supreme Court improperly determined the parties' motions for summary judgment under Labor Law § 240 (1). The relevant facts of the case are not in dispute. Plaintiffs were injured at a construction site on July 22, 1992 in the Town of East Fishkill, Dutchess County. Prior thereto, defendant Reilly Homes Construction Corporation contracted with Dennis Barhydt and Lorraine Barhydt to erect a two...

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