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HEALY v. EST DOWNTOWN, LLC

No. 27.

38 N.Y.3d 998 (2022)

188 N.E.3d 131

168 N.Y.S.3d 5

2022 NY Slip Op 02836

JAMES HEALY, Respondent, v. EST DOWNTOWN, LLC, Care of First Amherst Development Group, Appellant.

Court of Appeals of New York.

Decided April 28, 2022.

Attorney(s) appearing for the Case

Law Offices of John Wallace, Buffalo ( James J. Navagh of counsel), for appellant.

Dolce Panepinto, P.C., Buffalo ( Jonathan M. Gorski of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, plaintiff's motion for partial summary judgment on his Labor Law § 240(1) claim denied, and defendant's motion for summary judgment dismissing the Labor Law § 240(1) claim granted.

Labor Law § 240(1) requires certain contractors and property owners to provide adequate safety devices when workers engage in particular tasks involving...

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