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TIMMONS v. LYNX CONTRACTING CORPORATION

14 Misc.3d 317 (2006)

827 N.Y.S.2d 617

JAMES TIMMONS et al., Plaintiffs, v. LYNX CONTRACTING CORPORATION et al., Defendants.

Supreme Court, Bronx County.

November 22, 2006.

Attorney(s) appearing for the Case

Philip C. Semprevivo, Jr., for Sisters of Charity of Saint Vincent DePaul of New York, defendant.

Robert Corke for plaintiffs.

Regis E. Staley for College of Mt.

St.

Vincent, defendant.

Haydn J. Brill for HMS Mechanical Systems Inc., defendant.

OPINION OF THE COURT

ALEXANDER W. HUNTER, JR., J.

Motion by defendant Sisters of Charity of Saint Vincent DePaul of New York (the Sisters), for summary judgment dismissing plaintiffs' complaint against the Sisters on the ground that plaintiff's accident did not result from an elevation hazard pursuant to Labor Law § 240 (1), is denied.

The cause of action arises out of injuries sustained by plaintiff...

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