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RUSSELL v. WIDEWATERS SOUTH BAY ROAD ASSOCIATES, L. L. P.

289 A.D.2d 1025 (2001)

735 N.Y.S.2d 900

DEAN RUSSELL et al., Appellants, v. WIDEWATERS SOUTH BAY ROAD ASSOCIATES, L. L. P., Respondent.

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

Decided December 21, 2001.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted that part of third-party defendant's cross motion seeking summary judgment dismissing the Labor Law § 240 (1) claim. Plaintiff Dean Russell, a subcontractor, tripped over an electrical cord while working on stilts and, in doing so, "did not encounter a hazard contemplated by the statute" (Melber v 6333 Main St., 91 N.Y.2d 759...

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