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BRUMMER v. NEW OPPORTUNITIES COMMUNITY HOUSING DEVELOPMENT CORPORATION

19 A.D.3d 1080 (2005)

796 N.Y.S.2d 835

STEPHEN F. BRUMMER, Respondent, v. NEW OPPORTUNITIES COMMUNITY HOUSING DEVELOPMENT CORPORATION, Appellant, and TOWN OF TONAWANDA, Respondent. NEW OPPORTUNITIES COMMUNITY HOUSING DEVELOPMENT CORPORATION, Third-Party Plaintiff, and TOWN OF TONAWANDA, Third-Party Plaintiff-Respondent, v. WENDEL B. ANDERSON CONSTRUCTION CO., Third-Party Defendant-Appellant.

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

June 10, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this Labor Law and common-law negligence action seeking damages for injuries he sustained when he fell approximately 21 feet to the ground while working on new housing construction. Supreme Court properly granted that part of plaintiff's motion for partial summary judgment on the Labor Law § 240 (1) cause of...

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