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HOLM v. METCALF & EDDY, INC.

2 A.D.3d 586 (2003)

768 N.Y.S.2d 360

RONALD HOLM et al., Appellants, v. METCALF & EDDY, INC., Defendant, and B & Q CONSTRUCTION CORP. et al., Respondents. (And a Third-Party Action.)

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

December 15, 2003.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

Under the facts of this case the injured plaintiff was not a person entitled to the protection of the Labor Law. He was neither "permitted or suffered to work on a building or structure" (Mordkofsky v V.C.V. Dev. Corp., 76 N.Y.2d 573, 576 [1990] [internal quotation marks omitted]), nor was he performing...

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