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Paul v. Ryan Homes, Inc.

5 A.D.3d 989 Court N.Y. App. Div. Decision date 2004-03-19 Docket Appeal No. 1 English

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p. 989
Daniel J. Paul, Respondent, v Ryan Homes, Inc., Appellant and Third-Party Plaintiff. Color Coatings, Inc., Third-Party Defendant-Appellant.
(Appeal No. 1.)
[773 NYS2d 336]

Appeals from an order of the Supreme Court, Erie County (Peter J. Notaro, J.), entered March 19, 2003. The order denied defendant’s motion and third-party defendant’s cross motion for summary judgment and granted plaintiffs cross motion for partial summary judgment on liability on the Labor Law § 240 (1) cause of action.

It is hereby ordered that said appeals be and the same hereby

p. 990
are unanimously dismissed without costs (see Matter of Eric D. [appeal No. 1], 162 AD2d 1051 [1990]). Present—Pigott, Jr., P.J., Green, Hurlbutt, Gorski and Lawton, JJ.

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