TURNER v. BIVENS


151 Misc.2d 454 (1991)

Donald B. Turner, Sr., et al., Plaintiffs, v. Barry W. Bivens et al., Defendants.

Supreme Court, Oswego County.

April 19, 1991


Attorney(s) appearing for the Case

Davoli, McMahon, Kublick & Stanley, P. C. (Jennifer Gale Smith of counsel), for Barry W. Bivens and another, defendants. Bond, Schoeneck & King (Edward A. Mervine of counsel), for Richard M. Gibson, doing business as Gibson Construction Company, defendant. Mitchell, Mitchell & Palmer (Richard B. Palmer of counsel), for plaintiffs.


ROBERT G. HURLBUTT, J.

Both defendants move for partial summary judgment dismissing so much of plaintiffs' complaint and the respective cross claims against them as assert liability based upon violation of Labor Law §§ 200, 240 and/or 241. The motions are opposed by plaintiff, who asserts that he has viable claims against both defendants based upon duties imposed by those Labor Law sections.

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