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KERRIGAN v. TDX CONSTR. CORP.

9790, 109042/04, 591138/04, 590316/05, 590317/05, 590170/06, 590112/06.

108 A.D.3d 468 (2013)

970 N.Y.S.2d 13

2013 NY Slip Op 5292

ELIZABETH FRANCES KERRIGAN, as Executrix of THOMAS CONNELLY, Deceased, Appellant/Fifth-Party Defendant-Respondent/Seventh-Party Plaintiff-Respondent, v. TDX CONSTRUCTION CORPORATION, Sued Herein as TDX CONSTRUCTION CORP., et al., Respondents, et al., Defendant. JEM ERECTORS, INC., Third-Party Plaintiff/Sixth-Party Plaintiff, v. ERIN ERECTORS, INC., Third-Party Defendant-Respondent/Fourth-Party Defendant-Respondent. TDX CONSTRUCTION CORPORATION et al., Fourth-Party Plaintiffs-Respondents, v. BETON PREFABRIQUES DULAC, INC., Fourth-Party Defendant. TDX CONSTRUCTION CORPORATION et al., Fifth-Party Plaintiffs-Respondents. ERIN INTERIORS, INC., Sixth-Party Defendant-Respondent. GENIE INDUSTRIES et al., Seventh-Party Defendants-Respondents.

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

Decided July 16, 2013.

Order, Supreme Court, New York County (Paul Wooten, J.), entered August 22, 2011, which, inter alia, granted the respective motions and cross motions of defendants and third-party defendants for summary judgment dismissing the complaint, and denied plaintiff's cross motion for partial summary judgment on the issue of liability on the claims under Labor Law §§ 240(1) and 241(6), unanimously affirmed, without costs. Prior...

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