KIRBIS, RYAN D. v. LPCIMINELLI, INC.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum:
Plaintiff commenced this Labor Law and common-law negligence action to recover damages for injuries he sustained when he fell from a six-foot stepladder. Defendants appeal from that part of an order granting plaintiffs motion for partial summary judgment on liability under Labor Law § 240 (1). As a threshold matter, we note that defendant LPCiminelli Construction Corp. is not an aggrieved party and thus that the appeal, insofar as it is taken by that defendant, is dismissed (see CPLR 5511). Turning to the merits, we agree with LPCiminelli, Inc. (defendant) that the unsworn medical…
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