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FRANCISCO DILLUVIO ET AL., APPELLANTS, v. THE CITY OF NEW YORK, RESPONDENT.

MEMORANDUM:

The order of the Appellate Division should be affirmed with costs and the certified question answered in the affirmative.

The Appellate Division correctly determined that, as a matter of law, the accident did not result from an elevation-related risk (see Bond v. York Hunter Constr., 95 N.Y.2d 883, 2000 N.Y. Slip Opn 07697 [decided 9/19/00]; Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 514-515).

On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs, and certified question answered in the affirmative, in a memorandum. Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley and Rosenblatt concur.

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DILLUVIO v. CITY OF NEW YORK
(Nov 30, 2000)