OLBERDING v. DIXIE CONTRACTING, INC.


302 A.D.2d 574 (2003)

757 N.Y.S.2d 565

MARK OLBERDING et al., Appellants, v. DIXIE CONTRACTING, INC., Defendant, and CITY OF NEW YORK, Respondent.

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

Decided February 24, 2003.


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

Contrary to the plaintiffs' contention, the Supreme Court properly denied their motion for summary judgment on their cause of action to recover damages pursuant to Labor Law § 240 (1). In support of their motion, the plaintiffs submitted evidence indicating that the injured plaintiff fell from a ladder affixed to cooling towers on the roof of a hospital. Although it is undisputed that the...

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