WITTMEYER v. HOLLAND CENT. SCH. DIST.


255 A.D.2d 921 (1998)

679 N.Y.S.2d 918

Gordon L. Wittmeyer et al., Appellants, v. Holland Central School District, Respondent and Third-Party Plaintiff, et al., Defendant. Howgen Transport Company, Inc., Third-Party Defendant-Respondent

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

November 13, 1998


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the motion of defendant Holland Central School District (District) for summary judgment dismissing the complaint. There is no merit to the contention of plaintiffs that summary judgment should have been granted in their favor because the fall occurred under circumstances in which one or more of the devices enumerated in Labor Law § 240 were required to provide proper...

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