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WICKS v. TRIGEN-SYRACUSE ENERGY CORP.

CA 08-02142

2009 NY Slip Op 03565

GARRY WICKS, PLAINTIFF-RESPONDENT, v. TRIGEN-SYRACUSE ENERGY CORPORATION, DEFENDANT-APPELLANT.

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

Decided May 1, 2009.

Attorney(s) appearing for the Case

WALSH & WILKINS, BUFFALO (CHRISTOPHER E. WILKINS OF COUNSEL), FOR DEFENDANT-APPELLANT.

STANLEY LAW OFFICES, LLP, SYRACUSE (ROBERT A. QUATTROCCI OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PINE, JJ.

It is hereby ORDERED that the order so appealed from is modified on the law by denying the motion and by granting that part of the cross motion for summary judgment dismissing the Labor Law § 240 (1) claim and dismissing that claim and as modified the order is affirmed without costs.

OPINION

Opinion by Centra, J.:

I

The primary issue on this appeal is whether plaintiff was engaged in "cleaning" under Labor Law § 240 (1) at the...

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