JOHNSON v. RAPISARDA


262 A.D.2d 365 (1999)

691 N.Y.S.2d 130

LEO R. JOHNSON et al., Appellants, v. JOSEPH RAPISARDA et al., Defendants and Third-Party Plaintiffs-Respondents. BUDDY JAMES, Third-Party Defendant-Respondent.

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

Decided June 7, 1999.


Ordered that the order is reversed insofar as appealed from, on the law, and that branch of the plaintiffs' cross motion which was for summary judgment on the issue of liability on their cause of action pursuant to Labor Law § 240 (1) is granted.

The Supreme Court erred in denying that branch of the plaintiffs' cross motion which was for summary judgment on the issue of liability under Labor Law § 240 (1). "[I]n order to be entitled to the protection of...

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