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CARELLI v. DEMORO-GRAFFERI

121 A.D.2d 673 (1986)

Dominick Carelli et al., Respondents-Appellants, v. Laurette Demoro-Grafferi et al., Respondents, and Barton's Bonbonniere, Also Known as Barton's Candy Co., Defendant and Second Third-Party Plaintiff-Appellant-Respondent. Midtown Neon Sign Corporation, Second Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 30, 1986

Interlocutory judgment reversed insofar as appealed from, on the law and as a matter of discretion in the interest of justice, and new trial ordered, with costs to abide the event.

The trial court, in its charge with respect to the applicable Labor Law provisions (Labor Law §§ 200, 240 [1]), erred in failing to incorporate the contentions of the parties or to otherwise relate the facts of the case to the applicable...

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