Benamati v. McSkimming
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Appeal from an order of the Supreme Court (Ferradino, J.), entered October 16, 2003 in Saratoga County, which granted defendants’ motion for partial summary judgment dismissing the Labor Law causes of action.
Plaintiff James Benamati and his spouse, derivatively, commenced this action against defendants alleging, among other *816things, violations of Labor Law §§ 200, 240 (1) and § 241 (6) and seeking to recover for injuries purportedly sustained by Benamati following his fall from a ladder in March 2002. At the time of this incident, Benamati, a mason by trade, was inspecting the chimney of a…
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