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ALESIUS v. GOOD SAMARITAN HOSPITAL MEDICAL AND DIALYSIS CENTER

6 A.D.3d 470 (2004)

774 N.Y.S.2d 426

KEITH ALESIUS et al., Appellants, v. GOOD SAMARITAN HOSPITAL MEDICAL AND DIALYSIS CENTER et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Third-Party Defendant.

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

April 12, 2004.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs' contention, the Supreme Court properly denied their motion for summary judgment on the issue of liability pursuant to Labor Law § 240 (1). Triable issues of fact exist as to whether the injured plaintiff (hereinafter the plaintiff) was provided with proper protection, and if proper protection was not supplied, whether this was a contributing cause of his fall or was the plaintiff's conduct...

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