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KAFERSTEIN v. JP MORGAN CHASE

9 Misc.3d 1078 (2005)

805 N.Y.S.2d 265

WILLIAM KAFERSTEIN, Plaintiff, v. J.P. MORGAN CHASE & CO., Formerly Known as CHASE MANHATTAN BANK, N.A., et al., Defendants. ESTATE OF EDWIN S. LOWE, Deceased, et al., Third-Party Plaintiffs, v. GENERAL PLUMBING CORPORATION, Third-Party Defendant.

Supreme Court, New York County.

September 20, 2005.

Attorney(s) appearing for the Case

MacKay, Wrynn & Brady, LLP, Douglaston, for defendants.

Leahey & Johnson, P.C., New York City, for third-party defendant.

Shafran & Mosley, P.C., New York City, for plaintiff.

OPINION OF THE COURT

EDWARD H. LEHNER, J.

The basic legal issue presented on the pending motions regarding plaintiff's claim under Labor Law § 240 (1) is whether the section applies when the plaintiff, who was positioned on the sidewalk, injured his arm when lowering a pipe into the basement of the abutting building.

Before me are motions for summary judgment by: (i) defendants to dismiss the...

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