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HAMILTON v. KUSHNIR REALTY COMPANY

51 A.D.3d 864 (2008)

858 N.Y.S.2d 381

DEREK HAMILTON et al., Respondents, v. KUSHNIR REALTY COMPANY et al., Defendants, and ISRAEL KUSHNIR et al., Appellants.

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

Decided May 20, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted summary judgment to the plaintiffs on the issue of liability on the fourth cause of action, which alleged a violation of Labor Law § 240 (1), insofar as asserted against the appellants. On their motion, the plaintiffs established, prima facie, that the plaintiff Derek Hamilton (hereinafter the plaintiff) sustained...

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