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HERNANDEZ v. TEN TEN COMPANY

26 A.D.3d 248 (2006)

810 N.Y.S.2d 142

DANIEL HERNANDEZ et al., Appellants, v. TEN TEN COMPANY, Also Known as 1010 COMPANY, et al., Respondents, et al., Defendant. (And Third-Party Actions.)

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

February 21, 2006.

The motion court erroneously dismissed plaintiff electrician's Labor Law § 240 (1) claims against the general contractor Schmergel and building lessee Prudential. The record presents triable issues of fact as to whether construction was ongoing at the time of the accident despite the fact that a portion of the premises was functioning as an office. Testimony by plaintiff and defendant witnesses reflect that at the time of the...

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