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VIOLETTE v. ARMONK ASSOCIATES, L.P.

No. 90 Civ. 4059 (RWS).

808 F.Supp. 1060 (1992)

James VIOLETTE and Loretta Violette, Plaintiffs, v. ARMONK ASSOCIATES, L.P., a New York limited partnership; Elmar Contracting Corporation; Campbell Chain Co., Inc.; CMC Realty and Development, Inc. and Carol Management Corp., Defendants. ELMAR CONTRACTING CORPORATION, Third-Party Plaintiff, v. MAJOR MACHINERY, Third-Party Defendant.

United States District Court, S.D. New York.

December 10, 1992.

Attorney(s) appearing for the Case

Levy Phillips & Konigsberg, New York City (Alan J. Konigsberg, Audrey M. Perlman, of counsel), for plaintiffs.

Langan & Levy, New York City (Joann T. Trezza, of counsel), for defendants Armonk Associates, L.P., CMC Realty and Development, Inc. & Carol Management Corp.

F.V. Mina, P.C., New York City (B. Jennifer Jaffee, of counsel), for defendant/third-party plaintiff.

OPINION

SWEET, District Judge.

The plaintiffs, James Violette ("Violette") and Loretta Violette ("Mrs. Violette") (collectively, the "Violettes") have moved for summary judgment against defendants Armonk Associates, L.P. ("Armonk"), CMC Realty and Development, Inc. ("CMC"), Carol Management Corp. ("Carol") and Elmar Contracting Corp. ("Elmar") to establish liability of the defendants under New York Labor Law § 240(1). Defendants Armonk, CMC, and Carol...

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