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ROBERTS v. GENERAL ELECTRIC COMPANY

97 N.Y.2d 737 (2002)

768 N.E.2d 1127

742 N.Y.S.2d 188

ANTHONY ROBERTS et al., Respondents, v. GENERAL ELECTRIC COMPANY, Defendant and Third-Party Plaintiff-Appellant, et al., Defendant. UE&C CATALYTIC, a Division of RAYTHEON CONSTRUCTORS, INC., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

Court of Appeals of the State of New York.

Decided March 19, 2002.

Attorney(s) appearing for the Case

Damon & Morey LLP, Buffalo (Peter S. Marlette, Michelle A. Crew and Amy Archer Flaherty of counsel), for defendant and third-party plaintiff-appellant and third-party defendant-appellant.

Finkelstein & Partners, LLP, Newburgh (Lawrence D. Lissauer of counsel), for respondents.

Before: Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur in memorandum; Chief Judge KAYE taking no part.

OPINION OF THE COURT

MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and the Labor Law § 240 (1) cause of action dismissed.

This is an action brought pursuant to Labor Law § 240 (1). Plaintiff, an employee of an asbestos removal company, was injured when a piece of asbestos, which had been cut and deliberately dropped from a chemical tank approximately...

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