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URIBE v. FAIRFAX, L.L.C.

48 A.D.3d 336 (2008)

851 N.Y.S.2d 545

JOHN URIBE et al., Respondents, v. FAIRFAX, L.L.C., et al., Appellants and Third-Party Plaintiffs. MICHAEL GARSTIN, Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

Decided February 26, 2008.

Plaintiff John Uribe was injured when he fell from a ladder while in the employ of a contractor hired by Tenant to perform alteration work to Tenant's apartment in Owners' building. Uribe was granted partial summary judgment on his Labor Law § 240 (1) claim against Owners, and Owners seek to hold Tenant liable based on Tenant's breach of a lease provision requiring Owners' prior written consent to the work, and discussions between Tenant and the contractor regarding...

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