WITTKOPP v. ADF CONSTR. CORP.


254 A.D.2d 775 (1998)

678 N.Y.S.2d 199

John F. Wittkopp et al., Appellants, v. Adf Construction Corp., Respondent and Third-Party Plaintiff. V.J. Gautieri Development of Batavia, Inc., Third-Party Defendant-Respondent

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

October 2, 1998


Order insofar as appealed from unanimously reversed on the law with costs and motion granted.

Memorandum:

John F. Wittkopp (plaintiff) was injured when he fell from the roof of a building at an apartment complex where he had been performing construction work. Supreme Court denied the motion of plaintiff and his wife for partial summary judgment on the Labor Law § 240 (1) cause of action on the ground that a factual dispute existed "as to how plaintiff...

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