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STRANGIO v. SEVENSON ENVIRONMENTAL SERVICES, INC.

No. 231 SSM 45

15 N.Y.3d 914 (2010)

FRANCESCO STRANGIO, Appellant, v. SEVENSON ENVIRONMENTAL SERVICES, INC., et al., Defendants and Third-Party Plaintiffs-Respondents. THOMAS JOHNSON, INC., Third-Party Defendant-Respondent.

Court of Appeals of New York.

Decided November 30, 2010.

Attorney(s) appearing for the Case

Lipsitz Green Scime Cambria LLP, Buffalo ( John A. Collins of counsel), for appellant.

Phillips Lytle LLP, Buffalo ( William D. Christ and Donna M. Lanham of counsel), for Sevenson Environmental Services, Inc. and another, respondents.

Sliwa & Lane, Buffalo ( Michael T. Coutu of counsel), for Thomas Johnson, Inc., respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, by denying the motions of defendants and the third-party defendant for summary judgment insofar as they seek dismissal of plaintiff's Labor Law § 240 (1) claim and, as so modified, affirmed.

Triable issues of fact exist as to whether the defendants provided proper protection under Labor Law § 240 (1). Plaintiff's remaining contentions...

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