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PATRICK J. KELLEY, Respondent, v. WEAVER CORPORATION et al., Respondents, and BURTON S. AUGUST, as Trustee under Trust Agreement among Burton S. August and Others, et al., Appellants.

Memorandum:

Supreme Court properly denied the motion of the August Trust for summary judgment dismissing the negligence and Labor Law § 200 causes of action. There are triable issues of fact whether the August Trust exercised control over the Monro Muffler premises and/or were chargeable with actual or constructive notice of the alleged dangerous condition of the overhead hydraulic lift. (Appeal from Order of Supreme Court, Onondaga County, Hayes, J. — Summary Judgment.)

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KELLEY v. WEAVER CORPORATION
(Mar 14, 1997)