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SOBOL v. K MART CORPORATION

275 A.D.2d 974 (2000)

715 N.Y.S.2d 193

MARK A. SOBOL, Respondent-Appellant, v. K MART CORPORATION et al., Appellants-Respondents.

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

Decided September 29, 2000.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied that part of defendants' motion for summary judgment dismissing the Labor Law § 240 (1) claim. Defendants failed to establish as a matter of law that plaintiff was injured in the course of performing routine maintenance rather than repairing the sign (see, Smith v Shell Oil Co., 85 N.Y.2d 1000, 1002; Izrailev v Ficarra Furniture...

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