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FAGIANI v. BENDERSON DEVELOPMENT COMPANY, INC.

270 A.D.2d 888 (2000)

705 N.Y.S.2d 919

LOUIS FAGIANI, Appellant, v. BENDERSON DEVELOPMENT COMPANY, INC., Respondent.

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

Decided March 29, 2000.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied plaintiff's motion for partial summary judgment under Labor Law § 240 (1). Plaintiff failed to meet his initial burden of establishing as a matter of law the manner in which the accident occurred (see, Abramo v Pepsi-Cola Buffalo Bottling Co., 224 A.D.2d 980, 981) and the proximate...

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