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MOTYKA v. OGDEN MARTIN SYSTEMS OF ONONDAGA LIMITED PARTNERSHIP

272 A.D.2d 980 (2000)

708 N.Y.S.2d 681

KENNETH MOTYKA et al., Respondents, v. OGDEN MARTIN SYSTEMS OF ONONDAGA LIMITED PARTNERSHIP, Respondent, and DICK CORPORATION, Doing Business as STAR STONE CONSTRUCTION, Appellant, et al., Defendant. (Appeal No. 1.)

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

Decided May 10, 2000.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs commenced this action to recover for personal injuries allegedly sustained by Kenneth Motyka (plaintiff) when he slipped on snow and ice while carrying building materials across an open area of a construction site. Plaintiffs sued defendants Ogden Martin Systems of Onondaga Limited Partnership (Ogden), Dick Corporation, d/b/a Star Stone Construction...

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