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PACIENTE v. MBG DEVELOPMENT, INC.

276 A.D.2d 761 (2000)

715 N.Y.S.2d 436

ANGELO PACIENTE et al., Appellants, v. MBG DEVELOPMENT, INC., Respondent. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 30, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Angelo Paciente was allegedly injured when he slipped and fell down snow- and ice-covered stairs he was shoveling for his employer at a construction site owned by the defendant. The Supreme Court properly dismissed the Labor Law § 200 cause of action since the defendant established that it did not exercise control or supervision over Paciente's work (see, Ross v Curtis-Palmer...

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