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MADDEX v. E.E. AUSTIN & SON, INC.

233 CA 15-00896.

137 A.D.3d 1717 (2016)

28 N.Y.S.3d 533

2016 NY Slip Op 02240

DAVID MADDEX et al., Appellants, v. E.E. AUSTIN & SON, INC., Respondent.

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

Decided March 25, 2016.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this Labor Law § 240 (1) action, plaintiffs sought a directed verdict pursuant to CPLR 4401 at the close of proof, asserting that they were entitled to a determination as a matter of law that defendant violated section 240 (1) by failing to provide a proper safety device to David Maddex (plaintiff). Plaintiffs moved for the same relief pursuant to CPLR 4404...

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