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FUHLBRUCK v. 3170 DEL., LLC

1236 CA 20-00135.

196 A.D.3d 1090 (2021)

151 N.Y.S.3d 306

2021 NY Slip Op 04327

Paul Fuhlbruck, Appellant, v. 3170 Delaware, LLC, Respondent, et al., Defendant.

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

Decided July 9, 2021.

Attorney(s) appearing for the Case

LOSI & GANGI, BUFFALO ( PATRICK J. BROWN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE ( VICTOR L. PRIAL , OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Centra, J.P., Lindley, NeMoyer, Troutman and Bannister, JJ.

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

Memorandum: Plaintiff commenced this action to recover damages pursuant to, inter alia, Labor Law § 240(1) for injuries he sustained while cleaning the exterior windows of the store he managed, which was located at premises owned by 3170 Delaware, LLC (defendant). Plaintiff moved for partial summary judgment on the issue of liability, and defendant cross-moved for summary...

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