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ROHRBACK JR. v. LEGION ASSOCIATES JOINT VENTURE

283 A.D.2d 994 (2001)

724 N.Y.S.2d 392

ROBERT B. ROHRBACK, JR., et al., Respondents, v. LEGION ASSOCIATES JOINT VENTURE et al., Defendants. LEGION ASSOCIATES JOINT VENTURE, Third-Party Plaintiff, v. QUALITY MARKETS, INC., Third-Party Defendant-Respondent, and GORDON & ZOERB'S ELECTRICAL CONTRACTING, INC., Third-Party Defendant-Appellant.

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

Decided May 2, 2001.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying the motion of third-party defendant Gordon & Zoerb's Electrical Contracting, Inc. (Gordon) for summary judgment dismissing the Labor Law § 240 (1) cause of action against defendants Legion Associates Joint Venture, Benchmark Group and Benchmark Development Corporation and in granting plaintiffs' cross motion for...

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