GREER v. HOYT


16 A.D.3d 1036 (2005)

791 N.Y.S.2d 794

LAWRENCE GREER, Appellant, v. HAYNER HOYT CORPORATION et al., Respondents. HAYNER HOYT CORPORATION, Third-Party Plaintiff, v. M.S. OLENDER & SONS, Third-Party Defendant-Respondent.

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

March 18, 2005.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the motion is granted.

Memorandum:

Plaintiff commenced this action to recover damages for injuries allegedly sustained in a construction accident. Supreme Court erred in denying plaintiff's motion for partial summary judgment on the issue of liability under Labor Law § 240 (1). Although plaintiff is unable to recall the manner...

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