GEORGE ADIMEY, ET AL., APPELLANTS, v. ERIE COUNTY INDUS. DEV. AGENCY, ESPONDENT.

89 N.Y.2d 836, 675 N.E.2d 459, 652 N.Y.S.2d 724 (1996).
November 19, 1996

This opinion is uncorrected and subject to revision before publication in the New York Reports.
Catherine M. Beltz, for Appellants.
Frank G. Godson, for Respondent.

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Order modified, without costs, by reinstating plaintiff's Labor Law § 240(1) cause of action and, as so modified, affirmed, for the reasons stated in the dissenting in part memorandum at the Appellate Division (___ AD2d ___). Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

Decided November 19, 1996