MULLEN v. KELLAM

No. 92-CV-544.

819 F.Supp. 159 (1993)

Terry A. MULLEN and Gail P. Mullen, Plaintiffs, v. Bayard KELLAM, Individually and as Executor of Margaret Rives Kellam, Defendant.

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

April 29, 1993.


Attorney(s) appearing for the Case

Steven M. Melley, Rhinebeck, NY, for plaintiffs.

Michael P. Hunt, Albany, NY, for defendant.


MEMORANDUM—DECISION and ORDER

HURD, United States Magistrate Judge.

Plaintiffs move for an order from this court granting them partial summary judgment on the issue of liability upon the defendant pursuant to Section 240 of the N.Y.S. Labor Law. Defendant cross-moves for summary judgment on the basis that he is exempt from any absolute liability as contained in Section 240(1). Defendant also moves to dismiss plaintiffs' Section 200 and common...

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