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SANATASS v. CONSOLIDATED INV.

10 N.Y.3d 333 (2008)

887 N.E.2d 1125

858 N.Y.S.2d 67

CHRISTOPHER SANATASS et al., Appellants, v. CONSOLIDATED INVESTING COMPANY, INC., et al., Respondents, et al., Defendants. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided April 24, 2008.

Attorney(s) appearing for the Case

Giuffré & Kaplan, P.C., Hicksville (Susan R. Nudelman and Steven Kaplan of counsel), for appellants.

Goldberg & Carlton, PLLC, New York City (Michael S. Leyden of counsel), for respondents.

Stewart G. Milch, New York City, for New York State Trial Lawyers Association, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, PIGOTT and JONES concur with Judge GRAFFEO; Judge SMITH dissents in a separate opinion in which Judge READ concurs.

OPINION OF THE COURT

GRAFFEO, J.

On this appeal, we conclude that a property owner is liable for a violation of Labor Law § 240 (1) that proximately caused injury to a worker even though a tenant of the building contracted for the work without the owner's knowledge. We therefore reverse the order of the Appellate Division and grant plaintiffs partial summary judgment.

Defendant Consolidated Investing...

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