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SHIELDS v. ST. MARKS HOUS. ASSOCS.

230 A.D.2d 903 (1996)

646 N.Y.S.2d 854

James Shields, Respondent, v. St. Marks Housing Associates, L.P., Defendant and Third-Party Plaintiff. Blakel Construction Corporation, Third-Party Defendant-Appellant

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

August 26, 1996

Ordered that the order is reversed, on the law, with costs, the third-party defendant's motion to dismiss the plaintiff's causes of action based on Labor Law §§ 240, 241 (6), and § 241-a is granted, and the plaintiff's cross motion to amend his bill of particulars to allege specific violations of the Industrial Code is denied as academic.

The plaintiff, a night watchman/security guard employed by the third...

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