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MACCHIA v. NASTASI WHITE, INC.

26 A.D.3d 225 (2006)

809 N.Y.S.2d 47

JOE MACCHIA, Appellant, v. NASTASI WHITE, INC., Defendant, and McCLIER CORPORATION et al., Respondents. McCLIER CORPORATION, Third-Party Plaintiff, v. THEODORE WILLIAMS CONSTRUCTION COMPANY, Third-Party Defendant-Respondent.

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

February 14, 2006.

In the present circumstances, a material issue of fact as to whether the accident happened as plaintiff claims precludes summary disposition of the Labor Law § 240 (1) claim (see Manna v. New York City Hous. Auth., 215 A.D.2d 335 [1995]). Plaintiff argues that defendants have not submitted any evidence to contradict his account. However, his own foreman testified that according to the daily job reports, plaintiff was not working...

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