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DUFFY v. J. KOKOLAKIS CONTRACTING, INC.

278 A.D.2d 445 (2000)

718 N.Y.S.2d 639

GEORGE J. DUFFY, Respondent, v. J. KOKOLAKIS CONTRACTING, INC., Defendant and Third-Party Plaintiff-Appellant, and THREE VILLAGE CENTRAL SCHOOL DISTRICT, Defendant and Third-Party Plaintiff-Respondent. M&D ROOFING, INC., Third-Party Defendant; M&D METALS et al., Third-Party Defendants-Respondents. (And Other Third-Party Actions.)

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

Decided December 26, 2000.

Ordered that the order is modified by deleting the provision thereof denying that branch of the motion which was to renew, and substituting therefor a provision granting renewal, and upon renewal, adhering to so much of the order dated August 20, 1998, as granted the plaintiff's motion for summary judgment on his cause of action pursuant to Labor Law § 240 (1); as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

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