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STONEHAM v. JOSEPH BARSUK, INC.

670 CA 21-01542.

210 A.D.3d 1479 (2022)

178 N.Y.S.3d 346

2022 NY Slip Op 06583

Mark A. Stoneham et al., Appellants, v. Joseph Barsuk, Inc., et al., Defendants, and David J. Barsuk, Respondent.

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

Decided November 18, 2022.

Attorney(s) appearing for the Case

LIPSITZ, PONTERIO & COMERFORD, LLC, BUFFALO (JOHN N. LIPSITZ, OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

GOLDBERG SEGALLA LLP, BUFFALO (JAMES M. SPECYAL OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Whalen, P.J., Smith, Centra, Winslow and Bannister, JJ.

Appeal from an order of the Supreme Court, Chautauqua County (Lynn W. Keane, J.), entered October 12, 2021. The order denied plaintiffs' motion for partial summary judgment and granted the cross motions of defendant David J. Barsuk for summary judgment dismissing the Labor Law § 240 (1) cause of action against him.

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

Memorandum: Plaintiffs commenced this common-law negligence...

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