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EBERHARD v. ALEXANDER CENTRAL SCHOOL DISTRICT

309 A.D.2d 1169 (2003)

765 N.Y.S.2d 289

ROBERT EBERHARD, Respondent, v. ALEXANDER CENTRAL SCHOOL DISTRICT, Appellant.

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

Decided October 2, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied, the cross motion is granted and the Labor Law § 240 (1) claim is dismissed.

Memorandum:

Plaintiff commenced this action seeking damages for injuries that he sustained in a construction accident while descending a scaffolding in order to leave the job site for the...

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