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SCHIRMER v. ATHENA-LIBERTY LOFTS, LP

48 A.D.3d 223 (2008)

851 N.Y.S.2d 168

BRUCE SCHIRMER et al., Plaintiffs, v. ATHENA-LIBERTY LOFTS, LP, Defendant. ATHENA-LIBERTY LOFTS, LP, Third-Party Plaintiff-Respondent, v. BURGESS STEEL, LLC, Third-Party Defendant-Respondent-Appellant, et al., Third-Party Defendants. ATHENA-LIBERTY LOFTS, LP, Second Third-Party Plaintiff-Respondent, v. HP ELECTRICAL DESIGNS, INC., Second Third-Party Defendant-Appellant. (And Other Actions.)

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

Decided February 5, 2008.

Plaintiff alleges that he fell into an unprotected hole at the site; the third-party actions, insofar as pertinent, allege that the accident was caused by inadequate temporary lighting at the site installed by HP; Lofts settled with plaintiff after plaintiff was granted partial summary judgment on the issue of Lofts' liability under Labor Law § 240 (1). Concerning HP's motion, issues of fact as to whether inadequate lighting...

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