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McMAHON v. H S M PACKAGING CORPORATION

302 A.D.2d 1012 (2003)

755 N.Y.S.2d 186

JAMES J. McMAHON et al., Respondents, v. H S M PACKAGING CORPORATION et al., Appellants. H S M PACKAGING CORPORATION, Third-Party Plaintiff, v. HEALY PLUMBING & HEATING, INC., Third-Party Defendant-Appellant.

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

Decided February 7, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is modified on the law by denying that part of plaintiffs' cross motion seeking partial summary judgment on liability under Labor Law § 240 (1) against defendants H & S Realty Company, Homer Martin and Sheila Martin, individually and as general partners of H & S Realty Company, and Myriad Construction, Inc. and by granting in part the respective motion and cross motion of defendants seeking...

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