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GELO v. CITY OF NEW YORK

34 A.D.3d 636 (2006)

823 N.Y.S.2d 699

CHARLES GELO et al., Appellants, v. CITY OF NEW YORK, Defendant, and STARR REALTY COMPANY (NE), LLC, Defendants and Third-Party Plaintiffs-Respondents. GIANNA MECHANICAL CORP., Third-Party Defendant-Respondent. (And Another Third-Party Action.)

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

Decided November 21, 2006.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

Contrary to the plaintiffs' contention, the Supreme Court properly searched the record and awarded summary judgment to the defendants third-party plaintiffs dismissing the cause of action alleging a violation of Labor Law § 240 (1) insofar as asserted against them since the permanently affixed ladder from which the injured plaintiff...

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