GOULD v. E.E. AUSTIN & SON, INC.

1338 CA 13-01028.

114 A.D.3d 1208 (2014)

980 N.Y.S.2d 198

2014 NY Slip Op 836

NED W. GOULD, Appellant, v. E.E. AUSTIN & SON, INC., et al., Respondents.

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

Decided February 7, 2014.


Appeal from an order of the Supreme Court, Cattaraugus County (Michael L. Nenno, A.J.), entered January 7, 2013. The order, inter alia, denied the motion of plaintiff for partial summary judgment on the issue of liability with respect to the Labor Law § 240 (1) claim.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this Labor Law and common-law negligence action seeking damages...

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