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BRENNAN v. 3785 SOUTH PARK, INC.

242 A.D.2d 929 (1997)

662 N.Y.S.2d 664

Jeffrey B. Brennan et al., Respondents-Appellants, v. 3785 South Park, Inc., et al., Appellants-Respondents. 3785 South Park, Inc., et al., Third-Party Plaintiffs-Respondents, v. New York Telephone Company, Third-Party Defendant-Appellant-Respondent

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

September 30, 1997

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of the motion of defendants 3785 South Park, Inc. (South Park), and Ilio DiPaolo, Inc. (DiPaolo), and that part of the cross motion of defendant Kirst Construction, Inc. (Kirst), for summary judgment dismissing the Labor Law § 240 (1) cause of action and in granting plaintiffs' cross motion for partial summary...

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