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BEAMON v. AGAR TRUCK SALES, INC.

24 A.D.3d 481 (2005)

808 N.Y.S.2d 232

ROBERT BEAMON, Appellant-Respondent, v. AGAR TRUCK SALES, INC., et al., Respondents-Appellants.

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

December 12, 2005.

Ordered that the cross appeal by the defendant Thomas Abruzese is dismissed as that defendant is not aggrieved by the portion of the order cross-appealed from (see CPLR 5511); and it is further,

Ordered that the order is modified, on the law, by (1) deleting the provision thereof denying that branch of the motion which was for summary judgment on the issue of liability on the cause of action pursuant to Labor Law § 240 (1) insofar as asserted against the...

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