DANTON v. VAN VALKENBURG


13 A.D.3d 931 (2004)

787 N.Y.S.2d 431

BERNARD C. DANTON et al., Appellants v. JOSEPH VAN VALKENBURG, Respondent.

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

December 23, 2004.


Mercure, J.P.

In September 2000, plaintiff Bernard C. Danton (hereinafter plaintiff) injured his wrist while installing electrical cables at property owned by defendant in Albany County. Plaintiff and his wife, derivatively, commenced this action alleging, among other things, a cause of action pursuant to Labor Law § 240 (1) and requesting damages in the amount of $4.5 million. As relevant here, plaintiffs moved for partial summary judgment on the issue of liability...

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