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ALLINGTON v. TEMPLETON FOUNDATION

953 CA 18-00371.

167 A.D.3d 1437 (2018)

90 N.Y.S.3d 735

2018 NY Slip Op 08768

Jeffrey E. Allington et al., Appellants-Respondents, v. Templeton Foundation, Care of The Mary Imogene Bassett Hospital, Doing Business as Bassett Medical Center, et al., Respondents-Appellants. Templeton Foundation, Care of The Mary Imogene Bassett Hospital, Doing Business as Bassett Medical Center, Third-Party Plaintiff-Respondent, v. Pulver Roofing Co., Inc., Third-Party Defendant-Appellant.

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

Decided December 21, 2018.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting plaintiffs' motion in part and granting plaintiffs summary judgment on liability on the Labor Law § 240 (1) cause of action and on the Labor Law § 241 (6) cause of action insofar as it is premised on the violation of 12 NYCRR 23-1.21 (b) (3) (iv); granting the cross motion of defendant Templeton Foundation, care of the Mary Imogene Bassett Hospital, doing business...

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