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RUSSELL v. MEMORIAL HOSP.

No. 1535/09, RJI No. 01-09-97782.

2011 NY Slip Op 30271 (U)

DAVID RUSSELL, Plaintiff, v. MEMORIAL HOSPITAL, ALBANY, N.Y.; AOW CORPORATION; and ROBERT CLAYDON, Defendants.

Supreme Court, Albany County.

February 10, 2011.

Attorney(s) appearing for the Case

Finkelstein & Partners, LLP Andrew Spitz, Esq. , 1279 Route 300, PO Box 1111, Newburgh, New York. Attorneys for Plaintiff

Shantz & Belkin, M. Randolph Belkin, Esq. , 26 Century Hill Drive, Suite 202, Latham, New York. Attorneys for Defendants Memorial Hospital, Albany N. Y. and AOW Corporation.

DECISION and ORDER

JOSEPH C. TERESI, Judge.

On August 28, 2007, Plaintiff was injured while unloading steel H beams from a flat bed truck, at Memorial Hospital, Albany N.Y.'s (hereinafter "Memorial Hospital") construction project. Seeking to recover for his injuries, Plaintiff commenced this action, in part, setting forth a Labor Law § 240 cause of action. Now, following discovery and the filing of a note of issue, Plaintiff moves for partial summary...

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