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SAWICKI v. AGA 15TH STREET, LLC

1940, 113886/11.

143 A.D.3d 549 (2016)

2016 NY Slip Op 06785

39 N.Y.S.3d 149

EDWARD SAWICKI, Appellant, v. AGA 15TH STREET, LLC, et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 18, 2016.

Plaintiff claims that, while he was working at a construction site, he was injured when a Bobcat ran over his left foot. Supreme Court erred in dismissing plaintiff's Labor Law § 241 (6) claims on the ground that plaintiff failed to reference any sections of the Industrial Code in either his complaint or bill of particulars, since the bill of particulars clearly alleged that defendants violated Industrial Code (12 NYCRR) ...

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