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LACEY v. LANCASTER DEV. AND TULLY CONSTRUCTION CO., LLC

966 CA 19-02272.

193 A.D.3d 1398 (2021)

147 N.Y.S.3d 798

2021 NY Slip Op 02691

Patricia A. Lacey, Appellant-Respondent, v. Lancaster Development and Tully Construction Co., LLC, et al., Appellant, and Saunders Concrete Co., Inc., Respondent.

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

Decided April 30, 2021.

Attorney(s) appearing for the Case

COUGHLIN & GERHART, LLP, BINGHAMTON ( KEITH A. O'HARA OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT.

LAW OFFICES OF JOHN WALLACE, SYRACUSE ( MICHELLE M. DAVOLI OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANTACROSE & FRARY, ALBANY ( KEITH M. FRARY OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Carni, Troutman, Bannister and DeJoseph, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying in part the motion of defendant Saunders Concrete Co., Inc. and reinstating the first cause of action against that defendant and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this Labor Law and common-law negligence action to recover damages for injuries that she sustained while working on a construction site. Defendant Saunders Concrete...

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