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MARTIN v. NIAGARA FALLS BRIDGE COMMISSION

62 CA 17-01122.

162 A.D.3d 1604 (2018)

78 N.Y.S.3d 584

2018 NY Slip Op 04452

Eldred Jay Martin, Appellant, v. Niagara Falls Bridge Commission, Respondent/Third-Party Plaintiff, Liberty Maintenance, Inc., Third-Party Defendant-Respondent.

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

Decided June 15, 2018.

It is hereby ordered that the order so appealed from is modified on the law by denying in part the motions of defendant and third-party defendant and reinstating the Labor Law § 240 (1) claim, and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking to recover damages under, inter alia, Labor Law §§ 240 (1) and 241 (6) for injuries that he sustained when the...

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