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SCHALANSKY v. PURCELL

246 A.D.2d 640 (1998)

666 N.Y.S.2d 956

Francis Schalansky, Plaintiff, v. William Purcell et al., Defendants. (Action No. 1.) Francis Schalansky et al., Appellants, v. Dennis McSpedon et al., Respondents, et al., Defendant. (Action No. 2.) (And a Third-Party Action.)

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

January 26, 1998

Ordered that the order is affirmed, with costs.

The plaintiff Francis Schalansky was injured as a result of an altercation with a fellow member of his union at a work site. We agree with the Supreme Court that the plaintiffs have not laid bare their proof that the respondents were negligent, and have failed to controvert the respondents' proof that they had no duty to police the work site. Thus, the Supreme Court properly awarded summary judgment dismissing the complaint...

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