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FRANCO v. JEMAL

280 A.D.2d 409 (2001)

721 N.Y.S.2d 51

VINCENT FRANCO, Appellant, v. JOSEPH JEMAL et al., Respondents and Third-Party Plaintiffs. B & G INDUSTRIES, INC., et al., Third-Party Defendants-Respondents.

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

Decided February 22, 2001.

Plaintiff, a journeyman electrician, was injured while attempting to repair a rooftop central air conditioning unit. The IAS Court granted defendants' cross-motion for summary judgment on the authority of Rowlett v Great S. Bay Assocs. (237 A.D.2d 183, lv denied 90 N.Y.2d 809), holding that plaintiff's replacing of a switch on the rooftop air conditioner was not the type of work...

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