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DESTEFANO v. CITY OF NY.

10 Misc.3d 508 (2005)

809 N.Y.S.2d 395

STEVEN DESTEFANO et al., Plaintiffs, v. CITY OF NEW YORK, Defendant.

Supreme Court, King County.

September 29, 2005.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, Brooklyn (Michael Shender of counsel), for defendant.

Louis Grandelli, P.C., New York City, for plaintiffs.

OPINION OF THE COURT

MARK I. PARTNOW, J.

Defendant City of New York moves for an order, pursuant to CPLR 3212 and/or 3211 (a) (7), dismissing plaintiffs' complaint in its entirety. Plaintiffs Steven Destefano and Patricia Destefano, in turn, cross-move for an order, pursuant to CPLR 3212, granting summary judgment on the issue of liability under Labor Law § 240 (1) against the City.

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