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STRIEGEL v. HILLCREST HGTS.

100 N.Y.2d 974 (2003)

800 N.E.2d 1093

768 N.Y.S.2d 727

ROBERT STRIEGEL, Respondent, v. HILLCREST HEIGHTS DEVELOPMENT CORPORATION, Appellant.

Court of Appeals of the State of New York.

Decided October 21, 2003.

Attorney(s) appearing for the Case

Offermann, Cassano, Greco & Slisz, LLP, Buffalo (Duane D. Schoonmaker of counsel), for appellant.

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria LLP, Buffalo (John A. Collins of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT

SMITH, J.

The issue in this case is whether plaintiff's accident was covered under Labor Law § 240 (1). We agree with the courts below that it was.

Defendant Hillcrest Heights Development Corporation retained plaintiff's employer, Sahlem's Roofing & Siding, Inc., to perform work on the roofs of newly built homes. According to plaintiff's pretrial testimony, on the day of the...

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