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NORIEGA v. STATE STREET BANK AND TRUST COMPANY OF CONNECTICUT, NATIONAL ASSOCIATION

271 A.D.2d 313 (2000)

706 N.Y.S.2d 107

OSCAR NORIEGA, Respondent, v. STATE STREET BANK AND TRUST COMPANY OF CONNECTICUT, NATIONAL ASSOCIATION, et al., Appellants, et al., Defendant.

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

Decided April 18, 2000.

The motion court erred in denying defendants-appellants' summary judgment dismissing plaintiff's Labor Law § 240 (1) claim because plaintiff's fall was not, under the circumstances of its occurrence, attributable to the sort of elevation-related risk against which Labor Law § 240 (1) was intended to afford protection (see, Galloway v Tenth City Assocs., 228 A.D.2d 254, 255)....

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