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Cornacchione v. Clark Concrete Co.

278 A.D.2d 800 Court N.Y. App. Div. Decision date 2000-12-27 Docket Appeal No. 1 English

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p. 800
Agnes V. Cornacchione, Individually and as Executrix of Cosmo Cornacchione, Deceased, Appellant, v Clark Concrete Co., Inc., et al., Respondents.
(Appeal No. 1.)
[722 NYS2d 930]

Appeal from order insofar as it concerned Labor Law § 240 (1) claim unanimously dismissed (see, Loafin’ Tree Rest, v Pardi [appeal No. 1], 162 AD2d 985 ) and order modified on the law and as modified affirmed with costs to plaintiff in accordance with the same Memorandum as in Cornacchione v Clark Concrete Co. ( 278 AD2d 400 [decided herewith]). (Appeal from Order of Supreme Court, Onondaga County, Major, J.— Summary Judgment.) Present — Pigott, Jr., P. J., Hayes, Hurl-butt, Balio and Lawton, JJ.

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