GALLAGHER v. THE NEW YORK POST


55 A.D.3d 488 (2008)

866 N.Y.S.2d 178

HUGH GALLAGHER et al., Appellants-Appellants, v. THE NEW YORK POST et al., Respondents-Respondents. NYP HOLDINGS, INC., Third-Party Plaintiff-Respondent-Appellant, v. FRANCIS A. LEE Co., Third-Party Defendant-Appellant-Respondent.

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

October 30, 2008.


Initially, we find that the motion court properly denied plaintiffs' motion for summary judgment on the Labor Law § 240 (1) cause of action, albeit for the reasons it initially adopted, and then rejected, on reargument. Labor Law § 240 (1), commonly referred to as the Scaffold Law, provides, in pertinent part, that: "All contractors and owners and their agents . . . in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or...

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