Appellate Division of the Supreme Court of New York, 1986

Tucciarone v. Syracuse University

Tucciarone v. Syracuse University
Appellate Division of the Supreme Court of New York · Decided December 19, 1986
125 A.D.2d 929; 510 N.Y.S.2d 494; 1986 N.Y. App. Div. LEXIS 63104
Tucciarone v. Syracuse University

Opinion of the Court

— Order unanimously affirmed, with costs. Memorandum: Although we affirm, we note that the court erred in concluding that the contract work was limited to the elevator shaft. This error does not affect the result, however, because it is clear that no contract work was to be performed in the machinery room, which was the situs of the accident. (Appeal from order of Supreme Court, Onondaga County, Lynch, J. — summary judg*930ment.) Present — Dillon, P. J., Denman, Boomer, Pine and Balio, JJ.

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