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MARTINEZ v. FIFTY TWO WEST SEVENTY SEVENTH STREET CORP.

39 A.D.3d 503 (2007)

833 N.Y.S.2d 209

GILBERT MARTINEZ, Respondent, v. FIFTY TWO WEST SEVENTY SEVENTH STREET CORP., Defendant, and ST. LUKE'S-ROOSEVELT HOSPITAL et al., Appellants.

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

Decided April 3, 2007.

Ordered that order is reversed, on the law, with costs, and the motion of the defendants St. Luke's-Roosevelt Hospital and West Care Medical Associates for summary judgment dismissing the complaint insofar as asserted against them is granted.

The plaintiff allegedly was injured on February 11, 2001 when he fell off a ladder while painting a room at the facility of the defendant West Care Medical Associates (hereinafter West Care), a department of the defendant St...

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