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PISTORIO v. PISTORIO

254 A.D.2d 698 (1998)

677 N.Y.S.2d 925

Biaggio Pistorio et al., Appellants, v. Mark Pistorio, Respondent and Third-Party Plaintiff. Ron Schaffer et al., Doing Business as Regional Mason Contractors, Third-Party Defendants-Respondents, et al., Third-Party Defendant

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

October 2, 1998

Judgment and order unanimously affirmed without costs.

Memorandum:

Biaggio Pistorio (plaintiff) was injured when he fell from scaffolding while installing a soffit at the one-family residence owned by defendant. Supreme Court properly granted defendant's motion for a directed verdict on the cause of action alleging a violation of Labor Law § 240 (1) and § 241 (6). Defendant established his entitlement to the exemption from liability for "owners of...

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