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ISNARDI v. GENOVESE DRUG STORES, INC.

242 A.D.2d 671 (1997)

662 N.Y.S.2d 792

Thomas Isnardi, Respondent, v. Genovese Drug Stores, Inc., Defendant, and Robbins & Cowan, Inc., Defendant and Third-Party Plaintiff-Appellant. Joe Demasco, Third-Party Defendant-Appellant. (And a Second Third-Party Action.)

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

September 29, 1997

Ordered that the order is reversed, on the law, with one bill of costs, and the plaintiff's motion for summary judgment on the issue of liability under Labor Law § 240 (1) is denied.

On the morning of September 13, 1993, the plaintiff Thomas Isnardi was injured when he fell from a double "Baker" scaffold while performing demolition work on premises owned by the defendant Genovese Drug Stores, Inc. (hereinafter Genovese...

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