FRISCIA v. NEW PLAN REALTY TRUST


267 A.D.2d 197 (1999)

699 N.Y.S.2d 478

JOHN FRISCIA et al., Respondents, v. NEW PLAN REALTY TRUST, Defendant and Third-Party Plaintiff, and DELAWARE VALLEY SIGN CO., Doing Business as DVS INDUSTRIES, Defendant and Third-Party Plaintiff-Respondent. RAMAPO SIGN CO., Third-Party Defendant-Appellant; UNITED RETAIL, INC., Formerly Known as SIZES UNLIMITED, INC., Third-Party Defendant-Respondent. (And a Related Action.)

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

Decided December 6, 1999.


Ordered that the order is modified, on the law, by (1) deleting the provision thereof granting the plaintiffs' motion for summary judgment on the issue of liability pursuant to Labor Law § 240 (1) and § 241 (6), and substituting therefor a provision denying the plaintiffs' motion, and (2) deleting the provision thereof granting the cross motions of the third-party defendant United Retail, Inc., and the defendant second third-party plaintiff, Delaware Valley Sign...

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