EDBAUER v. BOARD OF EDUCATION OF NORTH TONAWANDA CITY SCHOOL DISTRICT


286 A.D.2d 999 (2001)

731 N.Y.S.2d 309

MICHAEL EDBAUER, Respondent-Appellant, v. BOARD OF EDUCATION OF NORTH TONAWANDA CITY SCHOOL DISTRICT et al., Respondents. BOARD OF EDUCATION OF NORTH TONAWANDA CITY SCHOOL DISTRICT et al., Third-Party Plaintiffs, v. McPHERSON STEEL CORPORATION, Third-Party Defendant-Appellant-Respondent. McPHERSON STEEL CORPORATION, Fourth-Party Plaintiff, v. EMPIRE BUILDING DIAGNOSTICS, INC., Fourth-Party Defendant-Respondent. (Appeal No. 3.)

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

Decided September 28, 2001.


Judgment unanimously reversed on the law without costs and new trial granted on damages only.

Memorandum:

Plaintiff commenced this action seeking to recover under, inter alia, Labor Law § 240 (1) for injuries sustained in a 55- to 60-foot fall at a demolition site. Defendants impleaded plaintiff's employer, McPherson Steel Corporation (McPherson). Only plaintiff and McPherson participate in these appeals, the first two of which are from intermediate...

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