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LORETO v. 376 ST. JOHNS

196 Misc.2d 791 (2003)

766 N.Y.S.2d 756

CHARLES A. LORETO, Plaintiff, v. 376 ST. JOHNS CONDOMINIUM, INC., et al., Defendants.

Supreme Court, Kings County.

July 2, 2003.

Attorney(s) appearing for the Case

Bruce P. Fassberg, P.C., Old Bethpage, for plaintiff.

Rebore, Thorpe & Pisarello, P.C., Farmingdale (Timothy J. Dunn, III, of counsel), for 376 St.

Johns Condominium, Inc., defendant.

Caulfield Law Office, New York City, for Brooklyn Properties Inc., defendant.

OPINION OF THE COURT

LEON RUCHELSMAN, J.

The plaintiff moves pursuant to CPLR 3212 for summary judgment on the issue of liability pursuant to Labor Law § 240 (1). The defendants oppose the motion and cross-moved for summary judgment. After reviewing the arguments of all parties this court now makes the following determination.

Background

On November 27, 2001 the plaintiff Charles...

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