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McDANIEL v. FISCHIONE CONSTRUCTION CO., INC.

292 A.D.2d 759 (2002)

739 N.Y.S.2d 513

BRUCE A. McDANIEL, Respondent, v. FISCHIONE CONSTRUCTION CO., INC., Defendant and Third-Party Plaintiff-Respondent. KEITH RAMSEY DRYWALL SERVICES, INC., Third-Party Defendant-Appellant.

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

Decided March 15, 2002.

It is hereby ordered that the order so appealed from be and the same hereby is affirmed without costs.

Memorandum:

Supreme Court properly granted plaintiff's cross motion for partial summary judgment pursuant to Labor Law § 240 (1). Plaintiff, an employee of third-party defendant, Keith Ramsey Drywall Services, Inc. (Ramsey), was installing drywall in a room with a cathedral ceiling in a home owned by defendant and third-party plaintiff, Fischione Construction...

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