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TRANCHINA v. SISTERS OF CHARITY HEALTH CARE SYSTEM NURSING HOME, INC.

294 A.D.2d 491 (2002)

742 N.Y.S.2d 655

SALVATORE TRANCHINA et al., Respondents, v. SISTERS OF CHARITY HEALTH CARE SYSTEM NURSING HOME, INC. et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants. JBL/TACOMA JOINT VENTURE, Third-Party Defendant-Appellant-Respondent.

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

Decided May 20, 2002.

Ordered that the appeal from the order dated September 11, 2000, is dismissed, without costs or disbursements; and it is further,

Ordered that the judgment is reversed, on the law, the facts, and as an exercise of discretion, the plaintiffs' motion for partial summary judgment on the issue of liability pursuant to Labor Law § 240 (1) is denied, that branch of the motion of the third-party and second third-party defendant which was pursuant to CPLR 4404 to set...

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