GRABOWSKI v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

2009-05161

72 A.D.3d 888 (2010)

898 N.Y.S.2d 261

JERZY GRABOWSKI, Respondent, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Defendant, and D'ONOFRIO GENERAL CONTRACTORS CORP., Doing Business as D'ONOFRIO GENERAL CONTRACTORS CORPORATION, Appellant.

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

Decided April 20, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, with costs to the appellant payable by the plaintiff, the plaintiff's motion for summary judgment on the issue of liability on the cause of action alleging a violation of Labor Law § 240 (1) is denied, that branch of the appellant's cross motion which was for summary judgment dismissing that cause of action insofar as asserted against it is granted, and, upon searching the record, summary judgment...

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