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WERTHNER v. CHANDLER SQUARE ASSOCIATES

298 A.D.2d 384 (2002)

751 N.Y.S.2d 390

DANIEL WERTHNER, Respondent, v. CHANDLER SQUARE ASSOCIATES, et al., Appellants, and YUPPY PUPPY, INC., Respondent.

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

Decided October 7, 2002.

Ordered that the appeal by the defendant Chandler Square, Inc., is dismissed as abandoned (see 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the order is modified by deleting the provision thereof granting that branch of the cross motion which was for summary judgment on the issue of liability against the defendant Chandler Square Associates on the Labor Law § 240 (1) cause of action and substituting therefor a provision denying that branch...

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