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John W. Spratt et al., Respondents, v. General Electric Company et al., Appellants

New York Supreme Court, Appellate Division1997-03-14
237 A.D.2d 922656 N.Y.S.2d 996

Authorities cited

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Opinion

majority opinion

Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting plaintiffs’ motion for partial summary judgment on Labor Law § 240 (1) liability (see, Doan v Aiken & McGlauklin, 217 AD2d 908). In opposition to the motion, defendants raised an issue of fact whether plaintiff John W. Spratt’s injury was the result of a fall from a loading dock. (Appeal from Order of Supreme Court, Oneida County, Buckley, J.—Summary Judgment.) Present— Pine, J. P., Lawton, Doerr, Boehm and Fallon, JJ.