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RAMNATH v. MAN YUN REAL ESTATE CORPORATION

298 A.D.2d 246 (2002)

748 N.Y.S.2d 258

BEJAI P. RAMNATH, Respondent, v. MAN YUN REAL ESTATE CORPORATION, Defendant and Third-Party Plaintiff-Appellant. RAZORFISH, INC., Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

Decided October 17, 2002.

In view of the evidence establishing that plaintiff's injuries were caused by the lack of required safety devices on the scaffold from which he fell, the grant of partial summary judgment as to liability upon his Labor Law § 240 (1) claim was proper (see Rocovich v Consolidated Edison Co., 78 N.Y.2d 509, 513). Also proper was the denial of the cross motion by premises owner Man Yun, seeking contractual and common-law indemnification...

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