SERGEANT v. MURPHY FAMILY TRUST


284 A.D.2d 991 (2001)

726 N.Y.S.2d 537

KEVIN SERGEANT, Appellant, v. MURPHY FAMILY TRUST et al., Respondents and Third-Party Plaintiffs. D.R. CASEY CONSTRUCTION CORP., Third-Party Respondent.

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

Decided June 8, 2001.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying plaintiff's motion seeking partial summary judgment on liability under Labor Law § 240 (1). Plaintiff was employed as a roofer by third-party defendant. On the date of the accident, plaintiff was told to report to the foreman on the roof for his work assignment. Plaintiff stepped onto the roof and, while walking toward...

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