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STUTO v. COASTAL DRY DOCK & REPAIR CORP.

153 A.D.2d 937 (1989)

Louis Stuto, Respondent, v. Coastal Dry Dock & Repair Corp., Appellant and Third-Party Plaintiff-Respondent, et al., Defendant. G&M Metal Fabricating Corp., Third-Party Defendant-Appellant

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

September 25, 1989

Ordered that the order is modified, by deleting the fifth decretal paragraph thereof and substituting therefor a provision granting that branch of the defendant and third-party plaintiff's cross motion which was to dismiss the plaintiff's second cause of action alleging a violation of the New York State Labor Law insofar as it is asserted against it; as so modified, the order is affirmed, without costs or disbursements.

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