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ALBANESE v. CITY OF NEW YORK

10 A.D.3d 545 (2004)

782 N.Y.S.2d 37

CARLO ALBANESE et al., Respondents, v. CITY OF NEW YORK et al., Appellants, et al., Defendants.

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

September 23, 2004.

Order, Supreme Court, Bronx County (Alexander W. Hunter, Jr., J.), entered October 12, 2003, which, to the extent appealed from, as limited by the briefs, denied defendant City of New York's motion for summary judgment dismissing the complaint, modified, on the law and on a search of the record, to deem the City an owner within the meaning of Labor Law §§ 240 and 241, and otherwise affirmed, without costs.

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