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TABICKMAN v. BATCHELDER STREET CONDOMINIUMS BY THE BAY, LLC

52 A.D.3d 593 (2008)

859 N.Y.S.2d 721

IRVIN TABICKMAN, Respondent-Appellant, v. BATCHELDER STREET CONDOMINIUMS BY THE BAY, LLC, et al., Respondents, and DEB-TONE GENERAL CONTRACTING CORP., Appellant-Respondent. (And Third-Party Actions.)

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

Decided June 10, 2008.

Ordered that the order is modified, on the law, by deleting the provision thereof denying the plaintiff's motion for summary judgment against the defendants Batchelder Street Condominiums By the Bay, LLC, Batchelder Street Development Corp., and I & J Building & Contracting Corp. on the issue of liability under Labor Law § 240 (1) and substituting therefor a provision granting the plaintiff's motion; as so modified, the order is affirmed insofar as appealed from...

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