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HATCHER v. OGDEN MARTIN SYSTEMS OF BABYLON, INC.

264 A.D.2d 503 (1999)

694 N.Y.S.2d 474

DANIEL HATCHER, Appellant-Respondent, v. OGDEN MARTIN SYSTEMS OF BABYLON, INC., et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants. ALLIED HYDRO-BLASTERS, INC., Third-Party Defendant.

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

Decided August 30, 1999.

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the order is reversed insofar as cross-appealed from, and that branch of the cross motion which was for summary judgment dismissing the cause of action to recover damages under Labor Law § 240 (1) is granted; and it is further,

Ordered that the defendants are awarded one bill of costs, payable by the plaintiff.

The plaintiff was injured when hot ash fell...

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