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SWIDERSKA v. NEW YORK UNIVERSITY

10 N.Y.3d 792 (2008)

886 N.E.2d 155

856 N.Y.S.2d 533

EUGENIA SWIDERSKA, Appellant, v. NEW YORK UNIVERSITY et al., Respondents.

Court of Appeals of the State of New York.

Decided March 20, 2008.

Attorney(s) appearing for the Case

Profeta & Eisenstein, New York City (Fred R. Profeta, Jr., of counsel), for appellant.

Wade Clark Mulcahy, New York City (Dennis M. Wade of counsel), for respondents.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, plaintiff's motion for partial summary judgment as to liability on her Labor Law § 240 (1) cause of action should be granted and defendants' cross motions for summary judgment should be denied.

As part of a commercial cleaning contract, plaintiff's employer instructed her to clean the 10-foot-high interior windows in a dormitory building, providing...

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