GEORGE TERRY, RESPONDENT, v. YOUNG MEN'S HEBREW ASSOCIATION OF WASHINGTON HEIGHTS, INC., APPELLANT v. CAREFUL CLEANING CONTRACTORS, THIRD-PARTY APPELLANT.

78 N.Y.2d 978, 580 N.E.2d 407, 574 N.Y.S.2d 935 (1991).
September 10, 1991

1 No. 268 SSM 24
Decided September 10, 1991

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Michael H. Bernstein, Esq., for Appellant Young Men's Hebrew Association of Washington Heights, Inc.; and
Andrew Sapon, Esq., for third-party Appellant Careful Cleaning Contractors.
Steven J. Seiden, Esq., for Respondent.

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs. Appellants' principal argument, that Labor Law § 202 preempts the strict liability provisions of Labor Law § 240(1), is unpreserved for this Court's review, and therefore we do not pass on it. Appellants' remaining argument, that issues of fact exist precluding summary judgment, is without merit. Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock and Bellacosa concur.

GEORGE TERRY, RESPONDENT, v. YOUNG MEN'S HEBREW ASSOCIATION OF WASHINGTON HEIGHTS, INC., APPELLANT v. CAREFUL CLEANING CONTRACTORS, THIRD-PARTY APPELLANT.

78 N.Y.2d 978, 580 N.E.2d 407, 574 N.Y.S.2d 935 (1991). September 10, 1991

78 N.Y.2d 978, 580 N.E.2d 407, 574 N.Y.S.2d 935 (1991).
September 10, 1991