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CUNDY v. NEW YORK STATE ELECTRIC & GAS CORPORATION

273 A.D.2d 743 (2000)

710 N.Y.S.2d 162

THOMAS R. CUNDY, Respondent, v. NEW YORK STATE ELECTRIC & GAS CORPORATION, Defendant and Third-Party Plaintiff-Appellant. HIGGINS ERECTORS & HAULERS, INC., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

Decided June 29, 2000.

Mugglin, J.

Following a workplace accident, plaintiff commenced this action to recover damages for his injuries, alleging causes of action based on negligence and Labor Law §§ 200, 240 (1) and § 241 (6). Defendant, the owner of the work site, commenced a third-party action against, among others, plaintiff's employer (hereinafter third-party defendant). After issue was joined and discovery conducted, defendant and third-party defendant moved for summary...

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