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SHUE v. RED CR. CENT. DIST.

177 Misc.2d 743 (1998)

676 N.Y.S.2d 742

Donna M. Shue, as Administratrix of The Estate of Joseph Shue, Deceased, Plaintiff, v. Red Creek Central School District et al., Defendants. Red Creek Central School District et al., Third-Party Plaintiffs, v. Shue Roofing, Inc., et al., Third-Party Defendants.

Supreme Court, Cayuga County.

April 8, 1998

Attorney(s) appearing for the Case

DiNardo, DiNardo & Lukasik, P. C. (Joseph DiNardo and Michael G. Dwyer of counsel), for Donna M. Shue. Carter, Conboy, Case, Blackmore, Napierski & Maloney, P. C. (Terry S. Hannigan of counsel), for Red Creek Central School District and another. Smith, Sovik, Kendrick & Sugnet, P. C. (Peter Cambs of counsel), for Kenneth G. Guy Roofing Co. Hurwitz & Fine, P. C. (Harry Mooney of counsel), for Shue Roofing, Inc.

HENRY J. SCUDDER, J.

Facts

On September 2, 1992 while working as an employee of Shue Roofing, Inc., Joseph Shue was killed when he fell through a roof on a building owned by the Red Creek Central School District. His wife sued the Red Creek Central School District and Dominick P. Massa and Sons, Inc., alleging violations of sections 200, 240 (1) and section 241 (6) of the Labor Law. Liability

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