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Brummer v. New Opportunities Community Housing Development Corp.

Other Lower Courts

January 25, 2004

Stephen F. Brummer, Plaintiff
v.
New Opportunities Community Housing Development Corporation and Town of Tonawanda, Defendants.

Editorial Note:

This case is not published in a printed volume and its disposition appears in a table in the reporter.

COUNSEL

Christopher A. Spence, Esq. Richard Barnes, Esq.,Cellino & Barnes, Attorneys for Plaintiff.

Nicole B. Palmerton, Esq., Brown & Kelly, LLP, James E. Hanlon, Esq., Brian Sutter, Esq., Sugarman Law Firm, LLP, Attorneys for Defendants and Third-Party Plaintiffs.

James J. Greco, Esq., Colucci & Gallaher, P.C., Attorneys for Third-Party Defendant.

OPINION

Eugene M. Fahey, J.

Plaintiff, Stephen F. Brummer, brings this action against Defendants, New Opportunities Community Housing Development Corporation and Town of Tonawanda, for injuries suffered on January 9, 2002, alleging violations of Labor Law Sections 200, 240, and 241 and ordinary negligence.

Defendants New Opportunities and Tonawanda bring third-party actions against Plaintiff Brummer's employer, Wendel Anderson Construction, alleging common law and contractual indemnification.

Plaintiff Brummer moves for summary judgment on the Section 240 and 241 claims.

Defendant Tonawanda cross-moves for summary judgment against Plaintiff Brummer and against Third-Party Defendant Anderson for defense and indemnification.

Plaintiff Brummer's motion for summary judgment on the Section 240 claim is granted except as to Defendant Tonawanda. It is denied as to the Section 241 claim.

Defendant Tonawanda's cross-motion against Plaintiff Brummer is granted. Defendant Tonawanda's cross-motion against ...


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