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ZIMMERMAN v. WEIG

5 A.D.3d 1084 (2004)

773 N.Y.S.2d 664

MATTHEW J. ZIMMERMAN, Respondent, v. DONALD W. WEIG, Appellant.

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

March 19, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Contrary to the contention of defendant, Supreme Court properly granted plaintiff's motion insofar as it sought partial summary judgment on liability on the Labor Law § 240 (1) cause of action. Plaintiff established that he was an "employee" who was "employed" on the project (see...

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