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GILBERT v. ALBANY MEDICAL CENTER

9 A.D.3d 643 (2004)

779 N.Y.S.2d 653

THOMAS J. GILBERT, Appellant, v. ALBANY MEDICAL CENTER et al., Respondents. (And a Third-Party Action.)

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

July 8, 2004.

LAHTINEN, J.

Plaintiff was injured when he fell while working on a ladder during an asbestos removal project that his employer was conducting at a building owned by defendants. He commenced this action alleging liability under Labor Law §§ 200, 240 (1) and § 241 (6). Plaintiff subsequently moved for partial summary judgment on the Labor Law § 240 (1) cause of action. Defendants opposed the motion and cross-moved for partial summary judgment seeking...

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