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VANRIEL v. WEISSMAN REAL ESTATE

283 A.D.2d 260 (2001)

725 N.Y.S.2d 514

PATRICK VANRIEL, Plaintiff, v. A. WEISSMAN REAL ESTATE et al., Respondents, et al., Defendants. MRT CONSTRUCTION, Third-Party Plaintiff-Respondent, v. VETAGIN GEORGE SMART et al., Third-Party Defendants-Appellants.

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

Decided May 17, 2001.

Plaintiff in this personal injury action fell from a scaffold and sustained injuries while working for Smart, a subcontractor at a construction site owned by Sun Chemical Corporation and managed by A. Weissman Real Estate. Plaintiff moved for summary judgment on the issue of liability on his Labor Law § 240 (1) claim and MRT, the general contractor at the construction site, Sun, Weissman and Smart all cross-moved for summary judgment dismissing the complaint. In support...

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