REBORCHICK v. BROADWAY MALL PROPERTIES, INC.


10 A.D.3d 713 (2004)

781 N.Y.S.2d 899

SIMON REBORCHICK et al., Appellants-Respondents, v. BROADWAY MALL PROPERTIES, INC., et al., Defendants and Third-Party Plaintiffs-Respondents, and J.C. PENNEY CO., INC., Defendant. BAYSIDE FENCING COMPANY, Third-Party Defendant-Respondent-Appellant.

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

September 27, 2004.


In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Mahon, J.), dated March 20, 2003, as denied that branch of their motion which was for summary judgment on the issue of liability pursuant to Labor Law § 240 (1) insofar as asserted against the defendants Broadway Mall Properties, Inc., and Bovis Lend Lease LMB, Inc., sued herein as Lehrer, McGovern...

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