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DeMATTIA v. VAN WESTERHAUT MOLA SOC & SPORT CLUB, INC.

204 A.D.2d 594 (1994)

612 N.Y.S.2d 196

Giuseppe Demattia et al., Respondents, v. Van Westerhaut Mola Social & Sport Club, Inc., et al., Appellants

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

May 23, 1994

Ordered that the order is modified, on the law, by granting that branch of the defendants' motion which was for summary judgment dismissing the plaintiffs' cause of action based on Labor Law § 241 (6) and 200; as so modified, the order is affirmed, without costs or disbursements.

The plaintiff Giuseppe DeMattia alleged that he was employed as an independent contractor to repair the roof, gutters, and leaders on a building...

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