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EDWARD COHEN v. MEMORIAL SLOANKETTERING CANCER CENTER

11 N.Y.3d 823 (2008)

EDWARD COHEN et al., Respondents, v. MEMORIAL SLOANKETTERING CANCER CENTER et al., Appellants.

Court of Appeals of the State of New York.

October 28, 2008.

Attorney(s) appearing for the Case

Mauro Goldberg & Lilling, Great Neck (Matthew W. Naparty of counsel), and Kopff, Nardelli & Dopf LLP, New York City (Martin B. Adams of counsel), for appellants.

David P. Kownacki, New York City, for respondents.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, plaintiffs' cross motion for summary judgment on their Labor Law § 240 (1) claim denied, defendants' motion for summary judgment dismissing the Labor Law § 240 (1) claim granted, and the certified question answered in the negative.

No Labor Law § 240 (1) liability exists where an injury results...

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