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LINN v. DeMAYO

252 A.D.2d 575 (1998)

675 N.Y.S.2d 304

Frances Linn, Individually and as Administrator of The Estate of Bruce R. Linn, Deceased, et al., Appellants, v. Mary L. DeMayo, Individually and as Executor of Joseph DeMayo, Deceased, et al., Respondents

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

July 27, 1998

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the plaintiffs' contention, the Supreme Court properly dismissed the Labor Law § 240 (1) cause of action on the basis that the decedent was not engaged in "altering" a structure at the time of the accident (see, Joblon v Solow, 91 N.Y.2d 457; Kesselbach v Liberty Haulage, 182 A.D.2d 741

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