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DYRMYSHI v. CLIFTON PLACE DEV. GROUP, INC

Appellate Division of the Supreme Court of New York, Second Department.
May 10, 2004
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DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The plaintiff allegedly was injured while performing work on a construction project when the roof upon which he was working gave way and he fell through to the floor below. The defendant Century Building Associates, Inc. (hereinafter Century), was a general contractor on the project. In opposition to the plaintiff's prima facie demonstration of entitlement to judgment as a matter of law on his Labor Law ยง 240 cause of action insofar as asserted against it, Century failed to raise a triable issue of fact ( see Taylor v. V.A.W. of Am., 276 A.D.2d 621; Charles v. Eisenberg, 250 A.D.2d 801; Seguin v. Massena Aluminum Recovery Co., 229 A.D.2d 839).

Century's remaining contention is without merit.

RITTER, J.P., H. MILLER, GOLDSTEIN and MASTRO, JJ., concur.