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DALABA v. CITY OF SCHENECTADY

61 A.D.3d 1151 (2009)

876 N.Y.S.2d 744

KEVIN DALABA, Respondent, v. CITY OF SCHENECTADY, Defendant, and EDISON REALTY LAND DEVELOPERS, LLC, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 9, 2009.

LAHTINEN, J.

Plaintiff, an ironworker, sustained multiple injuries on October 13, 2006 when he fell about 30 feet through an opening in a roof to the ground while installing roof insulation and sheet metal on a new building that was under construction. After issue was joined, plaintiff moved for partial summary judgment against the building owner, defendant Edison Realty Land Developers, LLC, on its liability under Labor Law § 240 (1).

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