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TERRY v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK

265 A.D.2d 929 (1999)

695 N.Y.S.2d 808

RONNIE L. TERRY et al., Appellants-Respondents, v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK et al., Respondents-Appellants.

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

Decided October 1, 1999.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied plaintiffs' motion for partial summary judgment on liability on the Labor Law § 240 claim and granted that part of defendants' cross motion seeking summary judgment dismissing that claim. Ronnie L. Terry (plaintiff) was injured while working on a garage demolition project when a piece of the wall near where he was working fell on him as a result of vibrations from a Trac...

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