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WILLIE SCOTT, Plaintiff-Respondent, v. UNIVERSITY OF ROCHESTER, ET AL., Defendants. THE PIKE COMPANY, ET AL., THIRD-PARTY Plaintiffs,

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Supreme Court properly denied the motion of thirdparty defendant Ruffin's A-1 Contracting, Inc. (Ruffin's) seeking leave to renew with respect to plaintiff's motion for partial summary judgment on liability under Labor Law § 240 (1). We reject the contention of Ruffin's that "there has been a change in the law that would change the prior determination" granting plaintiff's motion (CPLR 2221 [e] [2]; see Thompson v. St. Charles Condominiums, 303 A.D.2d 152, 154, lv dismissed 100 N.Y.2d 556; Outar v. City of New York, 286 A.D.2d 671, 672-673).

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SCOTT v. UNIVERSITY OF ROCHESTER
(Nov 21, 2003)