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SVEDROVICH v. 16-20 REALTY ASSOCS.

168 A.D.2d 397 (1990)

John Svedrovich, Appellant, v. 16-20 Realty Associates, Respondent, and Ancomar Construction Corp., Respondent and Third-Party Plaintiff. Fuhrmann Matura Plumbing Corp., Third-Party Defendant-Respondent

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

December 27, 1990

Contrary to plaintiff's assertions, the trial court, in its charge, did not improperly merge the theories of common-law negligence, as codified in Labor Law § 200 (1), and absolute statutory liability under Labor Law § 241 (6), so as to mandate a reversal of the jury verdict in favor of the defendants and a remand for a new trial. (Cf., Zalduondo v City of New York, 141 A.D.2d 816, 817.) The trial court, in charging...

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