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NATION v. MORSE DIESEL, INC.

214 A.D.2d 494 (1995)

625 N.Y.S.2d 555

George Nation, Respondent-Appellant, v. Morse Diesel, Inc., Respondent-Appellant and Third-Party Plaintiff-Respondent-Appellant. Bronx Lebanon Hospital, Defendant and Second Third-Party Plaintiff-Appellant-Respondent. Woodworks Construction Co., Inc., Third-Party Defendant-Appellant-Respondent and Second Third-Party Defendant-Appellant

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

April 27, 1995

Dismissal of Woodworks' appeal of the IAS Court's June 3, 1993 order is warranted by the appeal of the IAS Court's superseding order dated January 4, 1994, as well as plaintiff's concession, before the IAS Court and this Court, of the legal insufficiency of its cause of action pursuant to Labor Law § 241 (6).

Plaintiff's Labor Law § 200 (1) cause of action should be reinstated. Not only did the Court in Ross...

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