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TOMLINS v. SILTONE BUILDING CO., INC.

267 A.D.2d 947 (1999)

699 N.Y.S.2d 854

RALPH S. TOMLINS, Respondent-Appellant, v. SILTONE BUILDING CO., INC., et al., Appellants, and HERBERT CHIRICO et al., Respondents, et al., Defendants.

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

Decided December 30, 1999.

Order affirmed without costs.

Memorandum:

Supreme Court properly granted the motion of defendants Herbert Chirico and Lisa Chirico for summary judgment dismissing the complaint, cross claims and counterclaims against them. The record establishes that they were "owners" of the one-family dwelling under construction within the meaning of Labor Law § 240 (1) and § 241 (6) when plaintiff was injured (see, Reyes v Silfies, 168...

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