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AGRICULTURE INS. CO., INC. v. ACE HARDWARE CORP.

No. 98 CIV. 8708(RJW).

214 F.Supp.2d 413 (2002)

AGRICULTURAL INSURANCE COMPANY, INC., As Assignee of the Cause of Action of Robert T. Treadway, Jr., Plaintiff, v. ACE HARDWARE CORPORATION and Butler Construction Company, Defendants. Ace Hardware Corporation and Butler Construction Company, Defendants/Third-Party Plaintiffs, v. Schwob & Sage Building Corporation, Third-Party Defendant.

United States District Court, S.D. New York.

August 12, 2002.

Attorney(s) appearing for the Case

Marschhausen & Fitzpatrick, P.C., Garden City, NY (Dirk Marschhausen, of Counsel), for Plaintiff.

Malapero & Prisco, New York, NY (Joseph J. Prisco, of Counsel), for Defendants/Third-Party Plaintiffs.

Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C., New York, NY (Patrick V. Didomenico, of Counsel), for Third-Party Defendant.

OPINION

WARD, District Judge.

Plaintiff Agricultural Insurance Company, Inc. ("Agricultural Insurance"), as assignee of the cause of action of Robert T. Treadway, Jr. ("Treadway"), moves pursuant to Fed.R.Civ.P. 56 and N.Y. Labor Law § 240(1) for partial summary judgment on the issue of liability on the second cause of action against defendants. For the reasons hereinafter stated, plaintiff's motion is granted.

BACKGROUND

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