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DAVIDSON v. AMBROZEWICZ

23 A.D.3d 903 (2005)

803 N.Y.S.2d 810

BRAD DAVIDSON, Respondent, v. WACLAW AMBROZEWICZ et al., Appellants. (And a Third-Party Action.)

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

November 17, 2005.

Mugglin, J.

On a previous appeal, we affirmed summary judgment to plaintiff on his Labor Law § 240 (1) cause of action (12 A.D.3d 902 [2004]). Immediately after Supreme Court granted this motion, defendants moved to reargue, claiming that Supreme Court had overlooked facts with respect to the recalcitrant worker defense. This motion was denied in August 2003 and, in September 2003, defendants' present attorneys were substituted...

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