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SCOTT v. UNIVERSITY OF ROCHESTER

Appellate Division of the Supreme Court of New York, Fourth Department.
Nov 21, 2003
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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 ยง 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).