Allen v. Hodorowski and DeSantis Building Contractors, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Cardona, P. J.
Appeal from an order of the Supreme Court (Mycek, J.), entered July 29, 1994 in Saratoga County, which, inter alia, granted plaintiffs’ cross motion for partial summary judgment on the issue of liability on their Labor Law § 240 (1) cause of action.
Plaintiff Edward Allen (hereinafter plaintiff) was employed as a heavy equipment operator for third-party defendant, H.R. Schultz, Inc. (hereinafter Schultz). On January 7,1987, plaintiff allegedly was injured while working on property owned by defendant, a contracting firm. According to plaintiff, on that date he was operating a…
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