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AMAN v. FED. EXPRESS CORP.

247 A.D.2d 879 (1998)

668 N.Y.S.2d 804

James R. Aman et al., Respondents, v. Federal Express Corporation, Appellant and Third-Party Plaintiff-Appellant, et al., Defendant. Metro Electrical Construction Co., Inc., Third-Party Defendant-Respondent

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

February 4, 1998

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly granted plaintiffs' motion for summary judgment on the issue of the liability of defendant and third-party plaintiff Federal Express Corporation (Fed Ex) under Labor Law § 240 (1). Contrary to Fed Ex's contention, there are no unresolved material issues of fact concerning the proximate...

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