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WEBSTER v. WETZEL

262 A.D.2d 1038 (1999)

691 N.Y.S.2d 848

DONALD J. WEBSTER, Appellant, v. MICHAEL N. WETZEL, Doing Business as MIKE WETZEL REMODELING, Respondent, et al., Defendants. MICHAEL N. WETZEL, Doing Business as MIKE WETZEL REMODELING, Third-Party Plaintiff, v. JOHN J. LUND, Doing Business as J. LUND CONCRETE & TRENCHING, Third-Party Defendant-Respondent.

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

Decided June 18, 1999.

Order unanimously affirmed without costs.

Memorandum:

Plaintiff seeks to recover damages for injuries he sustained when the rear gate of a dump truck gave way and released 10 tons of stone onto him. Supreme Court properly granted the motion of third-party defendant for summary judgment dismissing the complaint and denied plaintiffs cross motion for partial summary judgment on liability under Labor Law § 240 (1) and § 241 (6). We reject plaintiffs...

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