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RUSSO v. VAN DALE PROPS., LLC

533415.

200 A.D.3d 1470 (2021)

159 N.Y.S.3d 226

2021 NY Slip Op 07343

Craig Russo, Respondent, v. Van Dale Properties, LLC, Appellant.

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

Cook, Netter, Cloonan, Kurtz & Murphy, PC, Kingston ( Brendan T. Fitzpatrick of Gerber Ciano Kelly Brady LLP, Garden City, of counsel), for appellant.

Dall Vechia & Kraft, PC, Kingston ( John T. Dall Vechia of counsel), for respondent.

Lynch, Clark, Aarons and Pritzker, JJ., concur.

Plaintiff, a machine equipment operator, commenced this action premised upon Labor Law §§ 200, 240(1) and 240(6) following an incident in which he was injured when an overhead door closed on him. The accident occurred on June 5, 2019 at plaintiff's workplace, which was leased from defendant by plaintiff's employer. Earlier...

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